Volume 45
2017-2018
Issue 1
FOREWORD
Shining a Light on the Rights of the Most Vulnerable by Shauna Marshall
ARTICLES
Trumping Asylum: Criminal Prosecutions for "Illegal" Entry and Reentry Violate the Rights of Asylum Seekers by Natasha Arnpriester
Silencing Talk About Race: Why Arizona's Prohibition of Ethnic Studies Violates Equality by M. Isabel Medina
Lighting the Way Towards Liberty: The Right to Abortion After Obergefell and Whole Woman's Health by Erika Hanson
NOTES
Protecting Our Defenders: The Need to Ensure Due Process for Women in the Military Before Amending the Selective Service Act by Kelsey L. Campbell
The Fragile Victory for Unaccompanied Children's Due Process Rights after Flores v. Sessions by Elizabeth P. Lincoln
Johnson v. United States: The Impact on Texas' Habitual Offender Statute by Emily Frances Lynch
Issue 2
FOREWORD
Freedom of Speech Remains Superior to All Other Alternatives by David L. Faigman
ESSAY
"And Yet It Moves"—The First Amendment and Certainty by Ronald K.L. Collins
ARTICLES
Speech on Campus: How America’s Crisis in Confidence Is Eroding Free Speech Values by Joseph Russomanno
Certainty and the Censor’s Dilemma by Robert Corn-Revere
Clash of the First and Second Amendments: Proposed Regulation of Armed Protests by Katlyn E. DeBoer
NOTE
Reviving the Voting Rights Act Post-Shelby County: A New Standard for Vote Denial and Voter ID Law Analysis Under Section Two by Elizabeth Cermak
Issue 3
ESSAYS
Federalism Friction in the First Year of the Trump Presidency by Vikram David Amar
Jeopardizing “Their Communities, Their Safety, and Their Lives”: Forced Concealed Carry Reciprocity’s Threat to Federalism by Hannah E. Shearer
SYMPOSIUM: HATE SPEECH LAWS IN JAPAN
Preface by Setsuo Miyazawa
Striking the Right Balance: Hate Speech Laws in Japan, the United States, and Canada by Craig Martin
The History of Japanese Racism, Japanese American Redress, and the Dangers Associated with Government Regulation of Hate Speech by Hiroshi Fukurai and Alice Yang
Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn a Careful Ban by Rory K. Little
Proceed with Caution: Hate Speech Regulation in Japan by Junko Kotani
NOTE
Illuminating the DARK Act by Samantha Ricci
Issue 4
ESSAYS
Emoluments, Zones of Interests, and Political Questions: A Cautionary Tale by Jed Handelsman Shugerman and Gautham Rao
The President's Constitutional Responsibility to Confront Climate Change and Invest in Renewable Energy for National Security by Bishop Garrison
ARTICLE
Constitutionally Compromised Democracy: The United States District Clause, Its Historical Significance, and Modern Repercussions by Bradley Raboin
NOTES
Sex Offender Regulations and the Rule of Law: When Civil Regulatory Schemes Circumvent the Constitution by Ryan W. Porte
How the Lone Star State's Refusal to Expand Medicaid Is Leaving Pregnant Women More Alone Than Ever by Naomi Strauss
RLUIPA and Method-of-Execution Claims After Glossip: The Free Exercise Exception to Glossip's Known-and-Available Alternative Requirement by Griffin Estes
Volume 44
2016-2017
issue 1
ARTICLES
The American Bar Association's Criminal Justice Mental Health Standards: Revisions for the Twenty-First Century by Christopher Slobogin
Government Speech and Circumvention of the First Amendment by Mark Strasser
Waiving Goodbye: In Memory of the Reasonable-Doubt Standard by Steven Wall
NOTE
Deciding with Dignity: The Terminally Ill Patient's Right to Information About the California End of Life Option Act by Christine Sung
issue 2
ARTICLES
Agent Narc Is Not Your Client: Reflections on the Proper Understanding of the Relationship Between Prosecutors and Investigating Agencies by Carrie Leonetti
Dignity and the Death Penalty in the United States Supreme Court by Bharat Malkani
NOTES
A Tipsy Balance: Dormant Commerce Clause Limits on a State's Prerogatives Under the Twenty-first Amendment by Sherry Truong
issue 3
ARTICLES
The 2016 Presidential Election: The Next Four Years and Beyond by Dahlia Lithwick, Bertrall Ross, and Joan C. Williams
The Elephant in the Room: What Is a “Nonroutine” Border Search, Anyway? Digital Device Searches Post-Riley by Eunice Park
NOTES
Family Responsibilities Discrimination in the Public Sector: Maximizing the Use of Section 1983 to Enforce Constitutional Rights by Stephanie Dominguez
Constitutional Protection for Future Generations from Climate Change by Ylan Nguyen
Digitizing the Private Search Doctrine: Is a Computer a Container? by Taylor J. Pfingst
issue 4
ARTICLES
Allowing “Lawless Police Conduct” in Order to Forbid “Lawless Civilian Conduct”: The Court Further Erodes the Exclusionary Rule in Utah v. Strieff by George M. Dery III
NOTES
The Reproducibility of Evolving Social Science Evidence and How It Shapes Equal Protection Jurisprudence by Penney P. Azizi
Constitutional Implication on Block Pricing in the California Water Market by Deeba Fahami
An Offensive Mark on Offensive Lines: The Question of Violating the First Amendment Through the Cancellation of the Washington Redskins’ Trademark by Gabriela M. Kirkland
Volume 43
2015-2016
Issue 1
ARTICLES
Why California's Second-Degree Felony-Murder Rule is Now Void for Vagueness by Evan Tsen Lee
EMTALA: Medicare's Unconstitutional Condition on Hospitals by E.H. Morreim
NOTES
Using the Endangered Species Act to Preempt Constitutional Challenges to GMO Regulation by Caitlin Kelly-Garrick
"Hands Up, Don't Shoot:" Policing, Fatal Force, and Equal Protection in the Age of Colorblindness by Zach Newman
The Reasonability of California Groundwater Policies in Light of the Drought by Lindsey Pace
Issue 2
ARTICLES
Twenty-Week Abortion Statutes: Four Arguments by Randy Beck
The Process of Marriage Equality by Josh Blackman & Howard M. Wasserman
Meyer, Pierce, and the History of the Entire Human Race: Barbarism, Social Progress, and (the Fall and Rise of) Parental Rights by Jeffrey Shulman
NOTES
Youthfulness Matters: A Call to Modernize Juvenile Waiver Statutes by Chelsea Ellen Heaney
Operation Inherent Resolve and the Reemergence of the Debate Over the War Powers Resolution by Kyle C. Walker
Issue 3
ARTICLES
The Harm in Hate Speech: A Critique of the Empirical and Legal Bases of Hate Speech Regulation by John T. Bennett
Completing Government Speech's Unfinished Business: Clipping Garcetti's Wings and Addressing Scholarship and Teaching by Edward J. Schoen
Must Courts Respect Hidden Legislative Bargains? by Brendan Selby
NOTES
The Right to Education for Unaccompanied Minors by Jeanette M. Acosta
Examining the Americans with Disabilities Act's Reassignment Provision Through an Equal Protection Lens by Danielle Bogaards
Issue 4
ARTICLES
The 2016 Election and the Future of Constitutional Law: The Lessons of 1968 by Earl M. Maltz
The Real-World Fourth Amendment by Brnet E. Newton
Procedural Due Process Liberty Interests by Ann Woolhandler
NOTES
Shocking the Eighth Amendment's Conscience: Applying a Substantive Due Process Test to the Evolving Cruel and Unusual Punishments Clause by Jency Megan Butler
Where Else is the Appearance of Corruption Protected by the Constitution? A Comparative Analysis of Campaign Finance Laws After Citizens United and McCutcheon by Vladyslav Dembitskiy
Reforming High-Stakes Police Departments: How Federal Civil Rights Will Rebuild Constitutional Policing in America by Ivana Dukanovic
Out of Thin Air: Evaluating the Legality of the Clean Power Plan Under the Equal Sovereignty Principle by Deepa Sharma
Volume 42
2014-2015
Issue 1
ARTICLES
Probability, Confidence, and the Constitutionality of Summary Judgement by Luke Meier
Incoherent and Indefensible: An Interdisciplinary Critique of the Supreme Court's "Void-for-Vagueness" Doctrine by Ryan McCarl
The Story of Prudential Standing by S. Todd Brown
Criminalizing the Armchair Terrorist: Entrapment and the Domestic Terrorism Prosecution by Dean M. Gantar
Using Section 2 of the Voting Rights Act to Fight Voter Suppression Tactics After Shelby County v. Holder Without a New Section 4(b) Formula by Jessica Casella
Concussion Crisis: Regulating the NFL's Concussion Policy Under the Commerce Clause by Margaret Greer
Issue 2
ARTICLES
Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause by David R. Upham
Moving Beyond Race: The Joint Committee on Reconstruction and the Drafting of the Fourteenth Amendment by Earl M. Maltz
The Health Insurance Mandate -- a Tax or a Taking? by Karl Manheim
NOTES
Eugenics Then and Now: Constitutional Limits on the Use of Reproductive Screening Technologies by Hannah Lou
The Unconstitutionality of the Current Housing Arrangements for Intersex Prisoners by Nicole Antonopoulos
Smile for the Camera: The Revenge Pornography Dilemma, California's Approach, and Its Constitutionality by Snehal Desai
Issue 3
ARTICLES
Beyond Coordination: Defining Indirect Campaign Contributions for the Super PAC Era by Brent Ferguson
The Politics of Statutory Interpretation: The Hayekian Foundations of Justice Antonin Scalia's Jurisprudence by Gautam Bhatia
Airbnb and the Housing Segment of the Modern "Sharing Economy": Are Short-Term Rental Restrictions an Unconstitutional Taking? by Jamila Jefferson-Jones
NOTES
Protecting Immigrants from Prolonged Pre-Removal Detention: When "It Depends" is No Longer Reasonable by Michelle Firmacion
Issue 4
ARTICLES
Is Hobby Lobby Really A Brave New World?
Litigation Truths About Religious Exercise
by For-Profit Organizations by Eric Rassbach
Hobby Lobby: The Crafty Case That
Threatens Women’s Rights and Religious
Freedom by Leslie C. Griffin
Evaluating the Sociology of First Amendment
Silence by Mae Kuykendall
Racism 4.0, Civity, and Re-Constitution by Palma Joy Strand
Volume 41
2013-2014
Issue 1
ARTICLES
The Muddled State: California's Application of Confrontation Clause Jurisprudence in People v. Dungo and People v. Lopez by Mark K. Hanasono
Something to [Lex Loci] Celebrationis?: Federal Marriage Benefits Following United States v. Windsor by Meg Penrose
Foreign in a Domestic Sense: American Samoa and the Last U.S. Nationals by Sean Morrison
NOTES
San Francisco's Checkout Bag Fee Ordinance and the Problem of Proposition 26 by Nicole Misha Goodwin
A Higher Protection for Scholars Faced with Defamation Suits by Ameet Kaur Nagra
What is Really so Bad About a Different Rule of Law?: The Afghan Legal System Reanalyzed by Dana Cook-Milligan
Issue 2
ARTICLES
The New Speech by Andrew Tutt
The First Amendment and Religion After Hosanna-Tabor by Mark W. Cordes
Dog Sniffs, Technology, and the Mythical Constitutional Right to Criminal Privacy by Kenneth J. Melilli
NOTES
From Spectacle to Speech: The First Amendment and Film Censorship from 1915-1952 by Jessica J. Hwang
A Private Sector Solution to a Public Sector Problem by Chris Molina
In re C.P.: The Ohio Supreme Court's Expansion of Roper v. Simmons and Graham v. Florida to the Realm of Juvenile Sex Offender Registration by Ben Blumenthal
Issue 3
ARTICLES
The New Flat Tax: A Modest Proposal For a Constitutionally Apportioned Wealth Tax by John T. Plecnik
Analyzing the Constitutional Implications of the Department of Veterans Affairs' Process to Determine Incompetency: Is the Federal Government Violating the Second Amendment and Due Process? by Joshua Flynn-Brown
The U.S. Supreme Court's Failure to Fix Plea Bargaining: The Impact of Lafler and Frye by Cynthia Alkon
NOTES
"Bring Your Own Devices": A Cautionary Tale for Public Employees During Investigatory Searches by Julie Chow
Passwords Please: Rethinking the Constitutional Right to Informational Privacy in the Context of Social Media by Sara E. Stratton
Wireless Internet Searches: How the Fourth Amendment Applies to Police Searches of Information Accessed Over a Wireless Internet Connection by Taylor Hobin
Issue 4
ARTICLES
Violent Video Games and the Rights of Children and Parents: A Critique of Brown v. Entertainment Merchants Association by Martin Guggenheim
Check, Pleas: Toward a Jurisprudence of Defense Ethics in Plea Bargaining by Hadar Aviram, Deanna Dyer, and S.C. Thomas
On War and Peace in Cyberspace - Security, Privacy, Jurisdiction by Lothar Determann and Karl Guttenbery
The Constitutionality of Prolonged Administrative Segregation for Inmates Who Have Received Sex Reassignment Surgery by Eric Fleischaker
NOTES
Alive Not Dead: The Revival of Redevelopment Post-Matosantos by Helen Luu Chou
Volume 40
2012-2013
Issue 1
ARTICLES
Putting State Courts in the Constitutional Driver's Seat: State Taxpayer Standing After Cuno and Winn by Edward A. Zelinsky
Mutual Fund Sales Notice Fees: Are a Handful of States Unconstitutionally Exacting $200 Million Each Year? by David M. Geffen
NOTES
A Constitutional Dilemma for Cities Seeking to Regulate Day Labor Solicitation by Monica Smith
Herding Katz: GPS Tracking and Society's Expectations of Privacy in the 21st Century by Zachary Gray
Tea Party Constitutionalism: Does the "Astroturf" Have Roots in the History of the Constitution? by Ryan D. Murphy
Issue 2
ARTICLES
Paid Organ Donation and the Constitutionality of the National Organ Transplant Act by John A. Robertson
Thomas Jefferson's Establishment Clause Federalism by David E. Steinberg
NOTES
Democracy in Ohio: Ohio's Fiscal Constitution and the Unconstitutional Nationwide Arena Deal by David Ebersole
Modern Models of Organ Donation: Challenging Increases of Federal Power to Save Lives by Jonathon G. August
Bans on Sex-Selective Abortions: How Far is Too Far? by Annie Moskovian
Redevelopment in the Golden State: A Study in Plenary Power Under the California Constitution by Daniel S. Maroon
Issue 3
ARTICLES
Negative Lawmaking Delegations: Constitutional Structure and Delegations to the Executive of Discretionary Authority to Amend, Waive, and Cancel Statutory Text by R. Craig Kitchen
More Than a "Quick Glimpse of the Life": The Relationship Between Victim Impact Evidence and Death Sentencing by Jerome Deise and Raymond Paternoster
NOTES
Letting the Fox Guard the Hen House: Why the Fourth Amendment Should Not Be Applied to Interviews of Children in Child Abuse Cases by Rachael Yourtz
Issue 4
ARTICLES
Restoring the Vote: Former Felons, International Law, and the Eight Amendment by John Ghaelian
National Federation of Independent Business v. Sebelius: Five Takes by Glenn H. Reynolds and Brannon P. Denning
Livelihood, Ability to Pay, and the Original Meaning of the Excessive Fines Clause by Nicholas M. McLean
NOTES
Quill's Call to Action: Will Congress Update Commerce Clause Nexus Requirements in Light of Cloud Computing by Molly Schneider
A Check-in on Privacy after United States v. Jones: Current Fourth Amendment Jurisprudence in the Context of Location-Based Applications and Services by Kathryn Nobuko Horwath
Arizona v. Winn: Negative Implications for First Amendment Proponents and Possibly for Our Nation's Schoolchildren by Adam F. Sloustcher
Public Disclosure and Moving the World Forward: Why We Need the America Invents Act by Arman Matevosyan
Volume 39
2011-2012
Issue 1
ARTICLES
A Different Path Taken: Texas Capital Offenders’ Post-Atkins Claims of Mental Retardation by Peggy M. Tobolowsky
Lochner v. New York (1905) and Kennedy v. Louisiana (2008): Judicial Reliance on Adversary Argument by Douglas E. Abrams
The Tea Party and the Constitution by Christopher W. Schmidt
NOTES
Too Big to Fail and Too Big to Pay: States, Their Public-Pension Bills, and the Constitution by Debra Brubaker Burns
Secure in Their Yards? Curtilage, Technology, and the Aggravation of the Poverty Exception to the Fourth Amendment by Amelia L. Diedrich
Whose Constitution Is It Anyway? The Executives’ Discretion to Defend Initiatives Amending the California Constitution by Jeremy Zeitlin
Issue 2
ARTICLES
Does a Broad Free Exercise Right Require a Narrow Definition of “Religion”? by Donald L. Beschle
The Case for a Commerce Clause Challenge to State Antitrust Laws Banning Minimum Resale Price Maintenance by Barbara O. Bruckmann
Funding Gideon’s Promise by Viewing Excessive Caseloads as Unethical Conflicts of Interest by Heidi Reamer Anderson
NOTES
About “Face”: Using Moral Rights to Increase Copyright Enforcement in China by Heidi Hansen Kalscheur
California Penal Code § 270.1: A Constitutionally Impermissible Attempt to Combat Truancy by Alison Cordova
Spreading the Wealth: Is Asset Forfeiture the Key to Enticing Local Agencies to Enforce Federal Drug Laws? by David T. Gibson
Issue 3
ARTICLES
The Right to Learn: Intellectual Honesty and the First Amendment by Jeffery M. Cohen
The First Amendment in the Multicultural Climate of Colleges and Universities: A Story Ending with Christian Legal Society v. Martinez by Blake Lawrence
“Tavern Talk” and the Origins of the Assembly Clause:
Tracing the First Amendment’s Assembly Clause Back to
Its Roots in Colonial Taverns by Baylen J. Linnekin
Cyber-Sticks and Cyber-Stones: Media Liability for Incitement and True Threats under California Abortion Provider Privacy Law by Aditi Mukherji
NOTES
California and the Future of Partial Match DNA Investigations by Jenny Choi
Issue 4
ARTICLES
Perception Profiling & Prolonged Solitary Confinement Viewed Through the Lens of the Angola 3 Case: When Prison Officials Become Judges, Judges Become Visually Challenged, and Justice Becomes Legally Blind by Angela A. Allen-Bell
Making a Mountain Out of a Molehill? Marbury and the Construction of the Constitutional Canon by Keith E. Whittington and Amanda Rinderle
NOTES
Resuscitating Roberts? How Courts Should Construe the “Emergency” Exception to the Sixth Amendment’s Confrontation Clause by Sloan A. Heffron
Routine Body Scanning in Airports: A Fourth Amendment Analysis Focused on Health Effects by Rebekka Murphy
God in the Deductions: Tax Deductions for Religion and the Future of Taxpayer Standing for Establishment Clause Challenges by Drew G. Stark
The Elephant in the Room: Conduct, Groups, and Lawrence v. Texas by Elliot Wong
Volume 38
2010-2011
Issue 1
ARTICLES
Business Improvement Districts and the Constitution: The Troubling Necessity of Privatized Government for Urban Revitalization by Wayne Batchis
Seeking ‘Common Ground’: A Secular Statement by Bruce Ledewitz
The Marketplace Metaphor and Commercial Speech Doctrine: Or How I Learned to Stop Worrying About and Love Citizens United by Darrel C. Menthe
Between Safety and Transparency: Prior Restraints, FOIA, and the Power of the Executive by Devin S. Schindler
NOTES
Obscenity on the Internet: Nationalizing the Standard to Protect Individual Rights by Sarah Kagan
A Matter of Conscience: United States v. Seeger and the Supreme Court’s Historical Failure to Define Conscientious Objector Status Under the First Amendment by Claire Marblestone
There’s an Amendment for That: A Comprehensive Application of Fourth Amendment Jurisprudence to Smart Phones by Daniel Zamani
Issue 2
ARTICLES
The California Resale Royalty Act: Droit de [not so] Suite by Emily Eschenbach Barker
Less than Meets the Eye: Antidiscrimination and the Development of Section 5 Enforcement and Eleventh Amendment Abrogation Law Since City of Boerne v. Flores by Justin Schwartz
Advocacy, True Threats, and the First Amendment by Mark Strasser
NOTES
Examining Copyright Exemptions for Web Mashups in the International Context: Applying American Constitutional Considerations as Guideposts for the TRIPS Three-Step Test by James de Los Reyes
A Temporary Solution to Climate Change: The Federal Common Law to the Rescue? by Jeremy Hessle
Issue 3
ARTICLES
Preface by Frank H. Wu
Associations and Forums: Situating CLS v. Martinez by Ashutosh Bhagwat
Reviewing Associational Freedom Claims in a Limited Public Forum: An Extension of the Distinction Between Debate-Dampening and Debate-Distorting State Action by Alan Brownstein and Vikram Amar
Marketplace of Ideas 2.0: Excluding Viewpoints to Include Individuals by Robert Luther III
Christian Legal Society v. Martinez: Six Frames by Toni M. Massaro
How Equality Constitutes Liberty: The Alignment of CLS v. Martinez by Julie A. Nice
NOTES
Protecting Surface Land by Internalizing the Cost of Oil and Gas Development: Wyoming’s Surface Owner Accommodation Act Strikes a More Sustainable Balance by Jennifer A. C. Richardson
Boumediene as a Constitutional Mandate: Bivens Actions at Guantánamo Bay by Ian Samson
California Dreaming: A Case to Give States Discretion in Providing In-State Tuition to Its Undocumented Students by Debra Urteaga
Issue 4
ARTICLES
The Role of Reporter for a Law Project by Rory Little
Rectifying Wrongful Convictions: May a Lawyer Reveal Her Client's Confidences to Rectify the Wrongful Conviction of Another? by James E. Moliterno
Changes to the Culture of Adversarialness: Endorsing Candor, Cooperation, and Civility in Relationships Between Prosecutors and Defense Counsel by Lissa Griffin and Stacey Caplow
Conflicts Over Conflicts: Challenges in Redrafting the ABA Standards for Criminal Justice on Conflicts of Interest by Laurie L. Levenson
Closing the Door on Misconduct: Rethinking the Ethical Standards that Govern Summations in Criminal Trials by Daniel S. Medwed
Excessive Public Defense Workloads: Are ABA Standards for Criminal Justice Adequate? by Norman Lefstein
Confidentiality and Disclosure: What the New ABA Criminal Justice Standards (Don't) Say About the Duties of Defense Counsel by Cecilia Klingele
Witness Preparation: Regulating the Profession's "Dirty Little Secret" by Roberta K. Flowers
"Waiving" Goodbye to Rights: Plea Bargaining and the Defense Dilemma of Competent Representation by Jane Campbell Moriarty and Marisa Main
NOTES
No Match for the Police: An Analysis for Miranda's Problematic Application to Juvenile Defendants by Zoë Overbeck
Every Step You Take, They'll Be Watching You: The Legal and Practical Implications of Lifetime GPS Monitoring of Sex Offenders by Sarah Shekhter
Prosecuting Terrorism: The Material Support Statute and Muslim Charities by Michael G. Freedman
Volume 37
2009-2010
Issue 1
ARTICLES
The Supreme Court's New Public-Private Distinction Under the Dormant Commerce Clause: Avoiding the Traditional Versus Nontraditional Classification Trap by Bradford Mank
Theocracy in America: Should Core First Amendment Values Be Permanent? by Miriam Galston
The Domestic Violence Clause in 'New Originalist' Theory by Mark S. Stein
NOTES
The Adam Walsh Act: Un-Civil Commitment by Emily Eschenbach Barker
Warrantless Wiretapping: The Bush Administration's Failure to Jam an Elephant into a Mousehole by Adrienne Ratner
Second-Class Citizens: The Schism Between Immigration Policy and Children's Health Care by John A. Castro
Issue 2
ARTICLES
On Parents Involved and the Problematic Praise of Justice Clarence Thomas by Ronald Turner
La Mauvaise Qualité de la Loi: Vagueness Doctrine at the French Constitutional Council by Patricia Rrapi
Supreme Court Voting Behavior: 2007 Term by Richard G. Wilkins, Scott Worthington, Elisabeth Liljenquist, Adam Pomeroy, and Amy Pomeroy
NOTES
The Guarantee Clause in the States: Structural Protections for Minority RIghts and Necessary Limits on the Initiative Power by Anya J. Stein
Cutting the Fourth Amendment Loose from Its Moorings: The Unconstitutional Use of FISA Evidence in Ordinary Criminal Prosecutions by Kathylyn Querubin
Accounting for the Lack of Accountability: The Great Depression Meets the Great Recession by Steven Pearse
Issue 3
ARTICLES
'Sexting' and the First Amendment by John A. Humbach
'I'm Dying to Tell You What Happened': The Admissibility of Testimonial Dying Declarations Post-Crawford by Peter Nicolas
NOTES
Proposition 8 and the Need for California Constitutional Amendment Initiateve Reform: Tolerance Requires Time and Deliberation by Angela Chrysler
Thirty-Five Years After Berkelman: Seeking a New Debate About Ability Grouping by Matt Chayt
Issue 4
ARTICLES
What Would the Delegates Talk About? A Rough Agenda for a Constitutional Convention by Darien Shanske
Tax Reform Commissions in the Sweep of California's Fiscal History by Steven M. Sheffrin
Ballot Box Budgeting in California: The Bane of the Golden State or an Overstated Problem? by Jessica A. Levinson and Robert M Stern
The Business Net Receipts Tax: A Dog That Will Not Hunt by Charles E. McLure
NOTES
Why the Joint Powers Authority Refunding Bond Model Works: A Critique of the Attorney General's Claim of Unconstitutionality by Joseph L. J. Appel
Keeping the Commitment: Why California Should Maintain Consideration of the Commitment Offense in Determining Parole for Life Inmates by Kathleen Noone
volume 36
2008-2009
Issue 1
ARTICLES
Conscience Reexamined: Liberty, Equality, and the Legacy of Roger Williams Reviewed by René Reyes
Access and Lobbying: Looking Beyond the Corruption Paradigm by Dorie Apollonio, Bruce E. Cain, and Lee Drutman
Supreme Court Voting Behavior: 2006 Term by Richard G. Wilkins, Scott Worthington, Peter J. Jenkins, and Elisabeth Liljenquist
NOTES
Would You Like Some First Amendment Rights with That? How Mandatory Nutritional Disclosure on Restaurant Menus Violates the Freedom of Commercial Speech by Nicole Anderson
Rethinking Granfinanciera: May the Bankruptcy Court Retain Pre-trial Jurisdiction After Finding a Valid Jury Trial Right? by Amber Arakaki
Unqualified Interests, Definitive Definitions: Washington v. Glucksberg and the Definition of Life by Alexa Hansen
Issue 2
ARTICLES
Fixing Free Exercise: A Compelling Need to Relieve the Current Burdens by Eric D. Yordy
The Myth of "Laissez-Faire Constitutionalism": Liberty of Contract During the Lochner Era by David N. Mayer
NOTES
Protecting the Innocent: Post-Conviction DNA Exoneration by Sophia S. Chang
Web-Assisted Suicide and the First Amendment by Ellen Luu
Transnational Wiretaps and the Fourth Amendment by Kristopher A. Nelson
Homeless But Not Hopeless: How the Tibetan Constitution Governs a People in Exile by Tsering Kheyap
Issue 3
ARTICLES
Legal Claims as Private Property: Implications for Eminent Domain by Jeremy A. Blumenthal
Boumediene v. Bush and Extraterritorial Habeas Corpus in Wartime by Riddhi Dasgupta
NOTES
Circumventing Non-Appropriation: Law and Development of United States Space Commerce by Nikhil D. Cooper
In Re Marriage Cases: The Fundamental Right to Marry and Equal Protection Under the California Constitution and the Effects of Proposition 8 by Richard Salas
Issue 4
ARTICLES
Holding Legislatures Constitutionally Accountable Through Facial Challenges by Caitlin E. Borgmann
Rights, Remedies and Facial Challenges by Maya Manian
Defining Empirical Frames of Reference in Constitutional Cases: Unraveling the As-Applied Versus Facial Distinction in Constitutional Law by David L. Faigman
Frames of Reference and the "Turn to Remedy" in Facial Challenge Doctrine by Kevin C. Walsh
Looking Through Both Ends of the Telescope: Facial Challenges and the Roberts Court by David L. Franklin
NOTES
Muddy Waters: Congressional Consent and the Great Lakes - St. Lawrence River Basin Water Resources Compact by Sonya F. Palay
volume 35
2007-2008
Issue 1
ARTICLES
PICS in Focus: A Majority of the Supreme Court Reaffirms the Constitutionality of Race-Conscious School Integration Strategies by Michael J. Kaufman
Marbury in Mexico: Judicial Review's Precocious Southern Migration by M. C. Mirow
NOTES
Bankruptcy and Free Speech: New Bankruptcy Code Provisions Restrict Attorneys' Right to Properly Advise Clients by Robin Huffman
The State Secrets Privilege: What's Wrong With It, How It Got That Way, and How the Courts Can Fix It by Christopher D. Yamaoka
Issue 2
ARTICLES
NOTES
Maintaining the Constitutionality of the Patent System by Susanna Chenette
Just Don't Say You Heard It From Me: Bridging the Davis v. Washington Divide of Indistinguishable Primary-Purpose Statements by Thomas M. Forsyth III
Gang Injunctions Under Heat From Equal Protection: Selective Enforcement As a Way To Defeat Discrimination by Cathy Wang
Has Georgia Gone Too Far - or Will Sex Offenders Have To? by Jacqueline Canlas-LaFlam
A House Divided: How Judicial Inaction and a Circuit Split Forfeited the First Amendment Rights of Student Journalists at America's Universities by Richard Bradley Ng
Suspension for Beginners: Ex Parte Bollman and the Unconstitutionality of the 1996 Antiterrorism and Effective Death Penalty Act by Dan Poulson
Issue 3
ARTICLES
Securing the Rule of Law Through Interpretive Pluralism: An Argument From Comparative Law by Richard Stith
Domestic Surveillance for International Terrorists: Presidential Power and Fourth Amendment Limits by Richard Henry Seamon
Government-Sponsored Chaplains and Crisis: Walking the Fine Line in Disaster Response and Daily Life by Mary Jean Dolan
NOTES
From the Fringes of Copyright Law: Examining California's "True Name and Address" Internet Piracy Statute by Brian McFarlin
A Reexamination of the Tinker Standard: Freedom of Speech in Public Schools by Jerico Lavarias
Issue 4
ARTICLES
When "Legislature" May Mean More than "Legislature": Initiated Electoral College Reform and the Ghost of Bush v. Gore by Richard L. Hasen
Direct Democracy and Article II: Additional Thoughts on Initiatives and Presidential Elections by Vikram David Amar
Undue Burdens on Voter Participation: New Pressures for a Structural Theory of the Right to Vote? by Christopher S. Elmendorf
Political Party and Senatorial Succession: A Response to Vikram Amar on How Best to Interpret the Seventeenth Amendment by Sanford Levinson
Are Statutes Constraining Gubernatorial Power to Make Temporary Appointments to the United States Senate Constitutional Under the Seventeenth Amendment? by Vikram David Amar
Presidential Power in Comparative Perspective: The Puzzling Persistence of Imperial Presidency in Post-Authoritarian Africa by H. Kwasi Prempeh
Morse v. Frederick and the Regulation of Student Cyberspeech by Brannon P. Denning and Molly C. Taylor
NOTES
Taking the Courts: A Brief History of Takings Jurisprudence and the Relationship Between State, Federal, and the United States Supreme Courts by Rachel A. Rubin
Hot Oil and Hot Air: The Development of the Nondelegation Doctrine Through the New Deal, a History, 1813-1944 by Andrew J. Ziaja
Volume 34
2006-2007
Issue 1
ARTICLES
The Structural Inadequacy of Public Schools for Stigmatized Minorities: The Need for Institutional Remedies by Shavar D. Jeffries
Amicus Brief of Constitutional Law Professors David L. Faigman and Ashutosh A. Bhagwat, et al. in the Case of Gonzales v. Carhart by David L. Faigman, Ashutosh A. Bhagwat, and Kathryn M. Davis
NOTES
Prescribing Morality: The Constitutionality of Pharmacist Conscience Clauses by Taylor Genovese
Choice v. Chance: The Constitutional Case for Regulating Human Germline Genetic Modification by Nancy Pham
Issue 2
ARTICLES
The Revival of Impeachment as a Partisan Political Weapon by Richard K. Neumann Jr.
NOTES
Changing the Balance of Power: Why a Treaty-trump Presumption Should Replace the Later-in-time Rule When Interpreting Conflicting Treaties and Statutes by Scott A. Penner
Issue 3
ARTICLES
Committing a Crime While a Refugee: Rethinking the Issue of Deportation in Light of the Principle Against Double Jeopardy by Won Kidane
To What Extent Can Congress Change the Patent Right Without Effecting a Taking by Jesse S. Chui
NOTES
The Story of the Court: A Narrative Analysis of Planned Parenthood v. Casey by Nicholas Short
Issue 4
ARTICLES
Supreme Court Voting Behavior 2005 Term by Richard G. Wilkins, Scott Worthington, John J. Nielsen, and Peter J. Jenkins
NOTES
Has Mighty Casey Struck Out?: Societal Reliance and the Supreme Court's Modern Stare Decisis Analysis by Tom Hardy
Constitutional Taking Clauses: A Proposed Typology by Benjamin Wiles
volume 33
2005-2006
Issue 1
ARTICLES
If It Looks Like a Duck... Traditional Public Forum Status of Open Areas on Public University Campuses by Nathan W. Kellum
Restoring the Fourth Amendment: The Original Understanding Revisited by David E. Steinberg
NOTES
Evidence and Confrontation in the President's Military Commissions by Nicholas W. Smith
Issue 2 & 3
ARTICLES
What NSA is Doing... and Why It's Illegal by John Sims
Supermajoritarianism and the American Criminal Jury by Ethan Leib
Control, Co-Optation and Co-Operation: Managing Religious Harmony in Singapore's Mutli-Ethnic, Quasi-Secular State by Li-Ann Thio
No Moderator Needed: A Liberty Tradition Right to Broadcast Advertorials by Daniel Matheson
The Court of Disbelief: The Constitution's Artcile VI Religious Test Prohibition and the Judiciary's Religious Motive Analysis by Francis Beckwit
NOTES
The Turbulent Aftermath of Crawford v. Washington: Where Do Child Abuse Victims' Stand? by Stephanie McMahon
Issue 4
ARTICLES
NOTES
The GNU General Public License: Constitutional Subversion? by Tennille M. Christensen
Crawford v. Washington: Bright Line Rules to Identity Testimonial Statements by Jenny M. Kim
When the Meaning of "Plain Error" Isn't So Plain: Deciphering Plain Error in the Context of Booker by John Jay Stein
volume 32
2004-2005
Issue 1
ARTICLES
Why the Case for Amending the U.S. Constitution to Prohibit or Regulate Gay Marriage is Not Proved by David Vikram Amar
Procreative Argument for Proscribing Same-Sex Marriage by Douglas W. Kmiec
Issue 2
ARTICLES
Position Paper for Hastings Constitutional Law Quarterly Symposium on Gay Marriage by Therese M. Stewart
Square Circles - Restoring Rationality to the Same-Sex Marriage Debate by Jeffrey J. Ventrella
A Conservative Critique of the Federal Marriage Amendment by John Choon Yoo and Anntim Vulchev
Issue 3
ARTICLES
Deconstructing Davis v. United States: Intention and Meaning in Ambiguous Requests for Counsel by David Aram Kaiser and Paul Lufkin
Supreme Court Voting Behavior - 2003 Term by Richard G. Wilkins, Scott Worthington, Lorianne Updike, and Jacob Reynolds
Issue 4
ARTICLES
Bakke, Grutter, and the Principle of Subsidiarity by Peter Widulski
Supreme Court Voting Behavior 2004 Term by Richard G. Wilkins, Scott Worthington, Jacob Reynolds, and John J. Nielsen
NOTES
volume 31
2003-2004
Issue 1
ARTICLES
The Promise and Precondition of Educational Autonomy by Neal Kumar Katyal
The Benign-Invidious Asymmetry in Equal Protection Analysis by R. Richard Banks
The Legal Cost of the "Split Double Header" of Gratz and Grutter by Wendy Parker
The Evolution of Equality in American Law by Gerald Torres
Issue 2
ARTICLES
The Special Public Purpose Forum and Endorsement Relationships: New Extentions of Government Speech by Mary Jean Dolan
The California Supreme Court and State Constitutional Rights: The Early Years by Joseph R. Grodin
Fruits, Nuts, Cigarettes, and the Right to Remain Silent by Christine Esperanza
Issue 3
ARTICLES
Exorcising Wechsler's Ghost: The Influence of the Model Penal Code on Death Penalty Sentencing Jurisprudence by Russell Dean Covey
Our Constitution as Federal Treaty: A New Theory of United States Constitutional Construction Based on an Originalist Understanding for Addressing a New World by Francisco Forrest Martin
NOTES
Federal Regulation of Embryonic Cells: Can Government Do It - An Examination of Potential Regulation through the Eyes of California's Recent Legislation by Francesca Crisera
Houses Built on Sant: Police Expert Testimony in California Gang Prosecutions; Did Gardeley Go Too Far by Patrick Mark Mahoney
Issue 4
ARTICLES
The Trouble with Taxes: Fairness, Tax Policy, and the Constitution by Leo P. Martinez
Viewpoint Neutral Zoning of Adult Entertainment Businesses by Shima Baradaran-Robison
Supreme Court Voting Behavior: 2002 Term by Richard G. Worthington
NOTES
United States v. Kincade: Constitutionality of Mandatory DNA Testing by Joy Huang
From Kierkegaard to Kennedy: Existentialist Philosophy in the Supreme Court's Decision in Planned Parenthood v. Casey and Its Effect on the Right to Privacy by Rebecca Rabkin