The Catholic University of America, Columbus School of Law
Fordham Law School
University of Maryland Francis King Carey School of Law
University of Georgia School of Law
University of Minnesota Law School
Pace University
Roger Williams University
Florida International University College of Law
University of Michigan Law School
Universitas Indonesia
The Indirect Taxes,
2027
Washington University in St. Louis School of Law
The Indirect Taxes, Conor Clarke, Ari Glogower
Scholarship@WashULaw
Article I of the Constitution empowers Congress to “lay and collect Taxes, Duties, Imposts and Excises.” It is arguably Congress’s most important power. A government’s first task is to fund itself, and the absence of an enforceable funding mechanism under the Articles of Confederation was a primary reason for the Constitution in the first place. Yet scholarly and judicial attention has focused mostly on the term “taxes” (and specifically what constitutes a “direct tax” that must be apportioned) while largely overlooking the three terms that follow—the duties, imposts, and excises that are collectively known as the “indirect taxes.”
While poorly …
Waiting For Justice: Unconstitutional Delays In The Appointment Of Criminal Defense Counsel,
2026
University of Michigan Law School
Waiting For Justice: Unconstitutional Delays In The Appointment Of Criminal Defense Counsel, Eve Brensike Primus
Michigan Law Review
The Constitution guarantees a right to counsel in criminal cases, but indigent criminal defendants are commonly left to languish in jail without legal representation for weeks, months, or even years before counsel is appointed to represent them. These delays are not isolated anomalies. They are systemic features of indigent defense delivery in many states, and the judiciary has begun to intervene. Courts in Maine, Massachusetts, Missouri, and Oregon have recently declared these delays unconstitutional and are ordering defendants released, dismissing charges, and imposing structural remedies to address these systemic failures.
This Article examines and synthesizes this emerging body of case …
Liquidating Reconstruction,
2026
Washington University in St. Louis
Liquidating Reconstruction, Travis Crum
Michigan Law Review
Post-ratification history has long been used as evidence of original understanding. But in recent years, post-ratification history has been invoked more expansively. Under the liquidation theory of constitutional interpretation, a course of deliberate practice can liquidate and thus settle the meaning of an ambiguous constitutional provision. As in other areas of constitutional law, the Founding and its aftermath loom large, and liquidation has been developed under the assumption that those who adopted a constitutional provision will remain in power and implement it in good faith.
But Reconstruction, Redemption, and Jim Crow problematize this newfound fascination with post-ratification history. The Reconstruction …
The Office Of Legal Counsel: Historical Opinions About Executive Privilege And Impeachment,
2026
The University of Akron
The Office Of Legal Counsel: Historical Opinions About Executive Privilege And Impeachment, Billy Monroe
ConLawNOW
The Office of Legal Counsel (OLC) provides many crucial functions within the U.S. Department of Justice and the executive branch for the presidency. One of its most important duties is to provide expert legal advice through written opinions that often serve as important constitutional interpretation. Some of the most common constitutional questions posed to the OLC involve matters of executive privilege and how to oversee for the president the possibility of impeachment. This paper studies the publicly available OLC opinions on this essential topic of the interplay of executive privilege and impeachment resistance by outlining the time-tested legal arguments that …
Droit Administratif (Expropriation),
2026
Saint Joseph University of Beirut
Droit Administratif (Expropriation), Antoine Moarbès
Proche-Orient, Études juridiques
No abstract provided.
Expropriation,
2026
Saint Joseph University of Beirut
L’Exercice De La Liberté De Conscience Dans Un État Multi-Communautaire,
2026
Saint Joseph University of Beirut
L’Exercice De La Liberté De Conscience Dans Un État Multi-Communautaire, Pierre Gannagé
Proche-Orient, Études juridiques
No abstract provided.
Aspects De Sécularisation Dans Le Droit Syrien,
2026
Saint Joseph University of Beirut
Aspects De Sécularisation Dans Le Droit Syrien, Fouad Chebat
Proche-Orient, Études juridiques
No abstract provided.
L’Article 58 De La Constitution Libanaise Et La Jurisprudence Administrative,
2026
Saint Joseph University of Beirut
L’Article 58 De La Constitution Libanaise Et La Jurisprudence Administrative, Jean-Claude Douence
Proche-Orient, Études juridiques
No abstract provided.
The Protect College Sports Act And The Private Nondelegation Doctrine,
2026
Boise State University
The Protect College Sports Act And The Private Nondelegation Doctrine, Sam C. Ehrlich
University of Miami Business Law Review
The Protect College Sports Act (“PCSA”) has been framed as the “last best hope” to establish a federal governance framework for college athletics following the industry’s rapid transformation after the Supreme Court’s unanimous decision in National Collegiate Athletic Association v. Alston. Central to the bill is Congress’s decision to rely on private organizations—the NCAA and the proposed College Sports Commission (“CSC”)—to administer significant portions of that framework. Building on prior scholarship, I analyze the bill through the lens of the private nondelegation doctrine, which limits Congress’s ability to vest governmental authority in private entities without “pervasive” federal oversight. Unlike prior …
Death By A Thousand Cuts: How Messy Preemption Doctrine Has Allowed States To Veto Nuclear Development,
2026
University of Miami School of Law
Death By A Thousand Cuts: How Messy Preemption Doctrine Has Allowed States To Veto Nuclear Development, Arturo Espinosa
University of Miami Business Law Review
The United States is entering a renewed period of interest in nuclear energy driven by necessity. Explosive growth in energy-intensive industries, most notably data centers, advanced manufacturing, and artificial-intelligence infrastructure, has revived demand for reliable, carbon-free baseload power at a scale intermittent renewable resources cannot yet supply. Nuclear energy uniquely satisfies these demands, and policymakers who once treated nuclear expansion as politically untenable now increasingly view it as essential to economic competitiveness, industrial policy, and grid reliability. Yet this renewed enthusiasm confronts a structural obstacle with deep historical roots: the persistence of effective state veto power over nuclear development in …
Can The Public Be Persuaded To Support Institutional Reform? The Case Of American Judicial Elections,
2026
The University of Akron
Can The Public Be Persuaded To Support Institutional Reform? The Case Of American Judicial Elections, Debra Leiter, Benjamin Woodson
ConLawNOW
Judicial reform is a challenging issue for political activists to address. Reformers face two barriers in persuading voters to support institutional changes—first, in communicating the impact of extant institutions on unwanted outcomes; and, secondly, of persuading them to support a different institutional solution. Voters are frequently underinformed about judicial institutions and appear reluctant to make changes, and, especially in American politics, the judicial system often acts as the institutional “third rail.” To understand the ability of voters to connect judicial institutions with different outcomes under different campaign messaging, we use an experiment to present pro and anti-judicial election messages to …
L’Influence De La Nationalité De La Mère En Droit Libanais,
2026
Saint Joseph University of Beirut
L’Influence De La Nationalité De La Mère En Droit Libanais, Pierre Gannagé
Proche-Orient, Études juridiques
No abstract provided.
Transposition Et Mutations Du Modèle Administratif Français (Les Cas Libanais Et Tunisien),
2026
Saint Joseph University of Beirut
Transposition Et Mutations Du Modèle Administratif Français (Les Cas Libanais Et Tunisien), Michel Duprat
Proche-Orient, Études juridiques
No abstract provided.
Le Secret De L’Administration Au Liban,
2026
Saint Joseph University of Beirut
Le Secret De L’Administration Au Liban, Hassan-Tabet Rifaat
Proche-Orient, Études juridiques
No abstract provided.
Le Secret De La Vie Privée Et Le Droit Au Liban,
2026
Saint Joseph University of Beirut
Le Secret De La Vie Privée Et Le Droit Au Liban, Youssef Gebran
Proche-Orient, Études juridiques
No abstract provided.
La Libanaise À L’Assaut De Ses Droits Politiques,
2026
Saint Joseph University of Beirut
La Libanaise À L’Assaut De Ses Droits Politiques, Hassan-Tabet Rifaat
Proche-Orient, Études juridiques
No abstract provided.
Recent Case: Election Law - Campaign Finance And Ballot Counting That Affect Elections: The U.S. Supreme Court Makes Decisions That Affect Elections National Republican Senatorial Comm. V. Fec, Watson V. Republican National Comm.,
2026
The University of Akron
Recent Case: Election Law - Campaign Finance And Ballot Counting That Affect Elections: The U.S. Supreme Court Makes Decisions That Affect Elections National Republican Senatorial Comm. V. Fec, Watson V. Republican National Comm., Lillian Engelhart
ConLawNOW
This Recent Case Note analyzes the Supreme Court’s decisions in two cases decided within two days that are crucial to elections. In National Republican Senatorial Committee v. Federal Election Commission, the Court struck down the Federal Election Campaign Act’s (FECA) limits on a political party’s coordinated spending with its own candidates. In Watson v. Republican National Committee, the Court upheld state laws allowing absentee ballots to count when received after Election Day. Read together, the decisions leave fewer federal restrictions on election participation: one removes a cap on how much money a party may spend alongside its candidates, …
Recent Case: Citizenship - Trump V. Barbara,
2026
The University of Akron
Recent Case: Citizenship - Trump V. Barbara, Julius R. Fout
ConLawNOW
This Recent Case Note analyzes the Supreme Court’s decision in Trump v. Barbara upholding longstanding definitions of constitutional birthright citizenship. The Fourteenth Amendment’s guarantee of birthright citizenship established a constitutional foundation for American citizenship. An executive order issued by President Trump in 2025 attempted to rewrite the concept of birthright citizenship to exclude from citizenship the children born to foreign individuals temporarily or unlawfully present in the United States. The Court struck down this order as unconstitutional and affirmed the Fourteenth Amendment’s universal grant of citizenship to children born in the United States, with no consideration for the status of …
Ai And Government Disinformation: Vaccine Disinformation,
2026
University of Miami School of Law
Ai And Government Disinformation: Vaccine Disinformation, Caroline Mala Corbin
Fordham Law Review
No abstract provided.
