Online Archive
Posts
-
Online2026
Race as Evidence: The Historical Racial Nexus and Equal Protection
This Essay accepts strict scrutiny as the constitutional terrain within which race-conscious policy must operate and builds a refined framework for equal protection analysis:…
Lisa Owens -
Online2026
Property Rights v. Taxpayer Rights: The Battle Over Tax Foreclosures
Local governments rely on property taxes to fund many essential public services. Owners who do not pay the taxes impose an increased burden on…
Stewart E. Sterk -
Online2026
An Overlooked Footnote in Trump v. CASA Ensures That the Debate Over Universal Injunctions Isn’t Over
Several months ago, I wrote in Law360 that, given the tenor of the questioning in Trump v. CASA—the birthright citizenship case—I did not expect…
Harvey Reiter -
Online2026
Land-Grant Universities
In their groundbreaking High Country News article on “land-grab universities,” Robert Lee and Tristian Ahtone argue that Congress’s 1862 Morrill Act, which famously granted…
Michael Banerjee -
Online2026
A Stage with Three Kings: EdTech, Sovereignty, and the Future of Transatlantic Data Law
The landmark Microsoft Ireland case highlights the limits of U.S. law enforcement authority to compel access to data stored abroad during criminal investigations. In…
Qifan Zhang -
Online2025
The Wrong Level of Generality: Misapplying Bruen to Young-Adult Firearm Right
Three relatively recent appellate opinions—McCoy v. ATF, National Rifle Ass’n v. Bondi, and Rocky Mountain Gun Owners v. Polis—upheld modern restrictions on 18-to-20-year-old adults’…
George A. Mocsary -
Online2026
The Fifth Circuit’s Holding in National Horsemen’s Benevolent and Protective Association v. Black Keeps HISA from Crossing the Wire
The Framers of the Constitution deliberately divided federal powers among three branches, ensuring that each branch is held accountable by the others. The private…
Kyle Kendall -
Online2026
Birthright Citizenship of Child Born to Enemy Alien Visitors
This is the story of Mogridge v. United States, in which the United States asserted, and a multinational commission held, that a child born…
John Vlahoplus & Michael L. Rosin -
Online2024
Why Charters?
While charters are poorly designed for broad public transparency, they still provide benefits by functioning like a recording system that reduces investigation costs and…
Abraham J.B. Cable -
Online2024
Recovering from Rucho: How States Can Create National Partisan Fairness
Rucho v. Common Cause and the failure to pass H.R. 1 have left national gerrymandering reform on life support. At present, however, states committed to…
James Piltch & Aaron Goldzimer -
Online2025
Federal Enclaves: Critical Islands of Federal Jurisdiction Protecting the National Interest
The Framers of the new Constitution insisted upon a neutral situs for the federal government and the land it owns and operates that would…
Walter H. Boone, Jennifer J. Skipper, Demarcus McGee, Kye C. Handy & Balch & Bingham LLP -
Online2024
What’s Left of the Suspension Clause After Jones v. Hendrix?
In 2000, Marcus DeAngelo Jones was convicted of two counts of unlawful possession of a firearm. As a convicted felon, Jones was prohibited from…
Tom Jordan