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smilliganlawreview
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ArticleVol. 97 · Iss. 6
First Amendment Traditionalism
Traditionalist constitutional interpretation takes political and cultural practices of long age and duration as constituting the presumptive meaning of the text. This Essay probes traditionalism’s conceptual…
Marc O. DeGirolami -
ArticleVol. 97 · Iss. 6
Freedom of Association: Campus Religious Groups
On August 15, 1789, the First Congress met to discuss the proposed Bill of Rights. On the agenda for the day was a draft…
Michael W. McConnell -
ArticleVol. 97 · Iss. 6
Taking Stock of the Religion Clauses
After a few decades of relative quiet, the Supreme Court has in recent years focused once again on the religion clauses and related statutes.…
John Inazu -
ArticleVol. 97 · Iss. 6
Scholarship, Teaching, and Protest
The preceding protest stems from Professor Michael McConnell’s use of an unredacted historical quote containing the N-word in one of his classes at Stanford…
John Inazu -
ArticleVol. 97 · Iss. 6
Statement by Michael McConnell to Stanford Law School Community
On Wednesday, in connection with the debates over ratification of the Constitution in Virginia, I quoted an ugly racial epithet used by Patrick Henry.…
Michael W. McConnell -
ArticleVol. 97 · Iss. 6
Statement by the Undersigned Editors of Volume 97
On May 27, 2020—two days after the murder of George Floyd by police in Minneapolis, Minnesota—professor and former judge Michael McConnell, the author of…
Undersigned Editors -
NoteVol. 97 · Iss. 5
Labeling the New Meats: Applying Preexisting Principles to the Regulation of Radical Products
Over the course of the coming decade, the perception of what it means to be “meat” is going to radically change. Plant-based meat products…
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NoteVol. 97 · Iss. 5
Returning Right-To-Farm Laws to Their Roots
In 2014, some unlikely culprits—four chickens—generated negative headlines for then-Iowa Congressman Bruce Braley, who was in the midst of a close campaign for an…
Joseph Malanson -
ArticleVol. 97 · Iss. 5
Property Law’s Search for a Public
Public spaces—streets, sidewalks, parks, plazas, squares, and the like—form a major component of the physical environment. Therefore, disputes over the use and management of…
Nadav Shoked -
ArticleVol. 97 · Iss. 5
Liquid Gold
According to federal health and census data, addiction treatment is expected to be a $42 billion industry in 2020. It has doubled in size…
Katrice Bridges Copeland -
ArticleVol. 97 · Iss. 5
Denialism and the Death Penalty
The persistence of capital punishment as a constitutional form of punishment in the United States reflects deep denialism about the practice and the role…
Jenny-Brooke Condon -
ArticleVol. 97 · Iss. 5
Negative Activism
Shareholder activism has become one of the most important and widely studied topics in law and finance. To date, popular and academic accounts have…
Barbara A. Bliss, Peter Molk & Frank Partnoy