Constitutional Law Commons^™

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

The Colonial Borders Within: Racial Profiling, Language, And Civil Juries, Jasmine Gonzales Rose

Faculty Scholarship

This Article builds on the scholarship of Kevin R. Johnson, whose work has long illuminated how immigration law and constitutional doctrine have enabled the subordination of Latines through racial profiling,2 language discrimination,3 and exclusion from civic institutions, like juries.4 His analyses of juror exclusion and the importance of a diverse judiciary underscore how the composition of civil and criminal factfinders shapes both recognition of harm and the remedies afforded.5 Long before the current period of intensified, abusive immigration enforcement, his scholarship traced the historical roots of these practices, examined their contemporary manifestations, and revealed the ways in which the law …

The Administrative Law Of Mccarthyism, Nicholas Handler

Faculty Scholarship

This Article recovers the largely overlooked legal and administrative history of the federal loyalty-security program, and argues that it played a formative role in the development of modern civil service protections and administrative law. During the McCarthy era, the United States Civil Service Commission (CSC), under pressure from Congress, implemented a sweeping loyalty program aimed at rooting out purportedly disloyal federal employees. Though often remembered as a moment of political overreach and civil liberties violations, this Article shows that the loyalty program simultaneously catalyzed a surprising expansion in procedural rights for government workers—both through internal reforms initiated by the CSC …

The Supreme Court Under Threat: Early Lessons In Judicial Self-Protection, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

This Essay explores how the U.S. Supreme Court, despite being vulnerable to defiance of its decisions and political retaliation, has developed tools of judicial self-protection to preserve its institutional authority and thus its capacity to sustain the Constitution and the rule of law. Arguing that the Court performs not only a legal role that requires interpretation of the law but also a political one that demands institutional preservation, the Essay examines how the Court has historically navigated political threats by using a range of tools—including avoidance, delay, narrow rulings, strategic dicta, and rhetorical appeals. The Essay focuses on three nineteenth-century …

Making The Party Presentation Principle Safe For Originalism, Randy E. Barnett, Lawrence B. Solum

Faculty Scholarship

The Supreme Court sometimes adheres to what it calls the “party presentation principle”—terminology that dates back to 2008. Although judicial articulations of the principle have been inconsistent and imprecise, the gist is the familiar notion that courts should resolve cases on the basis of the issues and reasons presented by the parties to the dispute. Conversely, questions not properly raised by the parties should be avoided by the Court. Thus, the Court has on several occasions declined to address arguments outside the scope of the questions raised by the parties in their petition for certiorari.

For originalists, the importance of …

Some Realism About Constitutional Remedies, Thomas P. Schmidt, Gillian E. Metzger

Faculty Scholarship

The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats an institution like the presidency as a “black box” to which the Constitution assigns certain powers. In Trump v. Hawaii,  for example, the Supreme Court upheld President Trump’s infamous travel ban by focusing not on the “particular President” and his past call for a “complete shutdown of Muslims entering the United States,” but rather on “the authority of the Presidency itself.” That is the language of institutional formalism.

Realism, on the other hand, peers into the “black …

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Letter From The Editors

Public Land & Resources Law Review

No abstract provided.

Using Data To Discern Whether Nepa Causes Delay, And What Can Be Done About It, John C. Ruple, David E. Adelman, Jamie Pleune

Public Land & Resources Law Review

This article proceeds in three principal parts. Part I provides an overview of NEPA that is focused on the requirements contained in the Act itself, the Supreme Court’s recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, and developments involving agency NEPA regulations. Part II summarizes what we know about factors causing or contributing to delays in permitting in general and NEPA compliance in particular. The central question examined in Part II is the extent to which changes to NEPA respond to barriers to development and are therefore likely to be effective. Part III offers recommendations and is …

Testing Prior Appropriation As Drought And Climate Change Push States Toward Water Code Reform: Lessons From And For Oregon, Adell L. Amos

Public Land & Resources Law Review

Part I outlines approaches to addressing the challenges that have arisen in water management under state water codes that have been considered—some adopted, and some still under consideration—in Oregon. This section examines some historical material on Oregon water law and describes the current moment as a way for setting the stage for the work that is currently underway. The dynamics described for Oregon are replicated in many western states. So, while the details are Oregon-related, the storyline is a familiar one in the West.2 Part II describes the efforts of a working group of water law attorneys that the Oregon …

Salt In The Public Wound: The Public Trust Doctrine And The Great Salt Lake, Shoshana Grossman

Public Land & Resources Law Review

This paper analyzes how the Utah PTD applies to the non- navigable tributaries that affect the GSL, and whether Utah must consider the PTD in water rights management. Section I explains the GSL case, outlining the issues, the Physicians’ claims, and Judge Scott’s order. Section II outlines the PTD in Utah. Section III first compares the GSL to other decisions applying the PTD to non-navigable water resources and water rights. Section III then assesses whether Utah’s PTD applies to non-navigable tributaries that affect navigable resources like the GSL, and what that may mean for water allocation in Utah. The paper …

"In Keeping With The Constitution’S Original Design": History And Tradition In Federal Indian Law, Meghanlata Gupta

Public Land & Resources Law Review

This Article examines the Supreme Court’s use of history and tradition in federal Indian law. In recent years, the Court has increasingly relied on Founding-era practices and historical traditions to determine constitutional meaning in areas such as firearm regulation, substantive due process, and religious liberty. At the same time, while the Founding-era record contains substantial evidence that Native nations were understood and treated as independent, sovereign political communities, this evidence has not yet been fully incorporated into the Supreme Court’s Indian law jurisprudence. Examining decisions from Oliphant to Castro-Huerta, this Article describes the Court’s approaches to historical analysis in Indian …

Planned Parenthood Mar Monte, Inc. V. State Ex Rel. Office Of The Nevada Attorney General (Civil), 142 Nev. Adv. Op. 40 (May 28, 2026), Charnel Gibson

Nevada Supreme Court Summaries

Nevada’s parental notification abortion statute is likely unconstitutionally vague because it fails to provide physicians with adequate notice of the conduct required and permits arbitrary enforcement.

Academic Freedom's Inflection Point, Jerry C. Edwards

Law Faculty Scholarship

Academic freedom faces an existential crisis. The Trump administration, building on a movement that began in the states, is seeking ideological conquest of higher education. Some universities have already surrendered. Others fight on, facing an endless barrage of assaults on their institutional autonomy. Faculty too have chosen to resist, relying on their free expression rights. One of the most potent weapons in higher education’s arsenal is the constitutional academic freedom doctrine, a First Amendment protection that safeguards faculty’s academic expression and universities’ academic judgments. But the Supreme Court’s embrace of history and tradition as a focal point of its individual …

Injury-In-Fact Of Nothing: Why Federal Courts Cannot Certify Classes With Uninjured Members After Labcorp, Jacob Davenport

University of Cincinnati Law Review

No abstract provided.

Urgensi Pertanggungjawaban Pidana Korporasi, Kristian Kristian

Jurnal Hukum & Pembangunan

Abstract

Komisi Yudisial Dan Pengawasan Hakim Di Indonesia, Wahyu Wiriadinata

Jurnal Hukum & Pembangunan

Abstract

Konsep Pengembangan Pendekatan Struktur Dalam Perjanjian Penetapan Harga Pada Putusan Kppu, Azizah Azizah

Jurnal Hukum & Pembangunan

Abstract

Kebijakan Pemberian Remisi Bagi Koruptor, Suatu Telaah Kritis Dari Perspektif Sosiologi Hukum, Edi Toet Hendratno

Jurnal Hukum & Pembangunan

Abstract

Pelaksanaan Perlindungan Hukum Merek Untuk Pengusaha Ukm Batik Di Pekalongan, Solo, Dan Yogyakarta, Agus Sardjono, Brian Amy Prastyo, Desrezka Gunti Larasati

Jurnal Hukum & Pembangunan

Abstract

Kebebasan Hakim Memutus Perkara Dalam Konteks Pancasila (Ditinjau Dari Keadilan “Substantif”), Ery Setyanegara

Jurnal Hukum & Pembangunan

Abstract

Perolehan Dan Hak Waris Dari Istri Kedua, Ketiga Dan Keempat Dalam Hukum Kewarisan Islam Di Indonesia (Sebuah Pemahaman Dengan Ilmu Hukum, Filsafat Hukum Dan Paradigmatik), Didi Sukardi

Jurnal Hukum & Pembangunan

Abstract

Privatisasi Bumn Dan Otonomi Daerah Dalam Pembangunan Ekonomi Indonesia, M. Rizal Alif

Jurnal Hukum & Pembangunan

Abstract

Pelaksanaan Atau Eksekusi Putusan Badan Arbitrase Syariah Nasional (Basyarnas) Sebagai Kewenangan Pengadilan Agama, Ummi Uzma

Jurnal Hukum & Pembangunan

Abstract

Hubungan Hukum Dan Moralitas Menurut H.L.A Hart, Petrus Ckl Bello

Jurnal Hukum & Pembangunan

Abstract

Analisis Semiotika Hukum Terhadap Lambang Negara Republik Indonesia, Turiman Turiman

Jurnal Hukum & Pembangunan

Abstract

Kerangka Kebijakan Dan Reformasi Hukum Untuk Kelancaran Perdagangan Secara Elektronik (E-Commerce) Di Indonesia, Edmon Makarim

Jurnal Hukum & Pembangunan

Abstract

Pemanfaatan Pengetahuan Tradisional Indonesia Berdasarkan Potensi Daerah Sebagai Modal Pembangunan, Heri Aryanto

Jurnal Hukum & Pembangunan

Abstract

Perbandingan Penyelesaian Sengketa Konsumen Di Indonesia Dengan Negara-Negara Common Law System, Kurniawan Kurniawan

Jurnal Hukum & Pembangunan

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