Volume 14 Masthead,
2026
Seattle University School of Law
Table Of Contents,
2026
Seattle University School of Law
The Evidence Machine: Rethinking Admissibility And Privacy In India's Ai Surveillance State,
2026
National Law School of India University
The Evidence Machine: Rethinking Admissibility And Privacy In India's Ai Surveillance State, Samyukta Ramaswamy
Indian Journal of Law and Technology
The proliferation of artificial intelligence (‘AI’) surveillance technologies that utilise machine learning (‘ML’) capabilities to gather and process information to derive insights about individuals has transformed the surveillance landscape by enabling governments and private entities to engage in increasingly pervasive monitoring and data-driven profiling. In India, this transformation is compounded by the presence of executive-controlled surveillance mechanisms under the legal framework of the Telecommunications Act 2023, the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules 2024, and the Digital Personal Data Protection Act 2023, amongst others, which authorises wide-ranging data interception and dragnet surveillance while exempting government agencies …
Trump’S Venezuela Legal Defense Restson Youngstown ‘Gloss’ Idea,
2026
Mississippi College School of Law
Trump’S Venezuela Legal Defense Restson Youngstown ‘Gloss’ Idea, Frank Rosenblatt
Journal Articles
President Donald Trump’s decision to invade Venezuela and oust its president puts a spotlight on a USSupreme Court case that famously blocked President Harry Truman’s seizure of American steel mills. Thecase highlights the tension among presidential aggrandizement, Congress’s war powers, and the (oftensecret) legal opinions undergirding a president’s ambitions
Forever Un-Wild: How The Forever Wild Clause “Locks Up” New York’S Closed Correctional Facilities,
2026
Pace University
Forever Un-Wild: How The Forever Wild Clause “Locks Up” New York’S Closed Correctional Facilities, William Carswell
Pace Environmental Law Review
Article XIV of the New York State Constitution, better known as the “Forever Wild Clause,” enshrines a conservationist ideal into law. The crux of article XIV prohibits the leasing, selling, or exchanging of state-owned land within New York’s Forest Preserve to private entities. Since its inception, this mandate has dictated the State’s approach to management of its Forest Preserve. Whenever New York decides to excise a piece of its Forest Preserve, the cumbersome yet necessary constitutional amendment process is triggered. Renewed attention to this legal requirement is peaking. Since 2009, five former Department of Corrections and Community Supervision sites located …
Center For Biological Diversity V. U.S. Bureau Of Land Management,
2026
Alexander Blewett III School of Law, University of Montana
Center For Biological Diversity V. U.S. Bureau Of Land Management, Erika C. Rader
Public Land & Resources Law Review
The Ctr. for Biological Diversity v. U.S. Bureau of Land Mgmt. marks the Ninth Circuit’s second time considering the Willow Project, which plans to drill oil in Alaska. Environmental plaintiffs brought a series of claims under NEPA, the Reserves Act, ANILCA, and the ESA to stop or stall the Project. Plaintiffs focused on the BLM’s use of a “full field development standard” in assessing alternatives to the Project. Despite the range of claims, the Ninth Circuit allowed the Project to move forward, but on remand required the BLM to explain its reasoning for departing from the full field development standard …
Time As A Constitutional Constraint: Resolving The Circuit Split On Prolonged Fourth Amendment,
2026
University of Washington School of Law
Time As A Constitutional Constraint: Resolving The Circuit Split On Prolonged Fourth Amendment, Ian Seabrooks
Washington Law Review Online
The Fourth Amendment of the U.S. Constitution states, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. . . .” Some circuits, like the Ninth and D.C. Circuits, have interpreted the Fourth Amendment’s reasonableness standard to apply beyond just the initial seizure of property but also to include the continued retention of the seized property. Other circuits, such as the First, Second, Sixth, Seventh, and Eleventh Circuits, have read the reasonableness standard more narrowly and interpreted this requirement to pertain only to the original seizure. …
From Dred Scott To Barbara: Birthright Citizenship, Racial Exclusion, And The Enduring Promise Of The Fourteenth Amendment,
2026
Claremont McKenna College
From Dred Scott To Barbara: Birthright Citizenship, Racial Exclusion, And The Enduring Promise Of The Fourteenth Amendment, Jenna A. Milbrodt
CMC Senior Theses
The Fourteenth Amendment’s Citizenship Clause has guaranteed birthright citizenship to all children born in the United States for hundreds of years. Yet, President Trump’s January 20, 2025, executive order threatens to strip that right from children born to parents unlawfully in the country and temporary visitors. This order, if permitted to stand, would change the definition of US citizenship and render countless children stateless persons without citizenship rights. This paper examines whether birthright citizenship in the US, properly understood, extends to children of unlawful immigrants and temporary visitors. To answer this question, three time periods of change in citizenship rights …
Interpreting Anti-Boycott Laws In The Shadow Of The First Amendment,
2026
Indiana University Maurer School of Law
Interpreting Anti-Boycott Laws In The Shadow Of The First Amendment, Joseph A. Tomain
Articles by Maurer Faculty
Thirty-eight states have enacted “anti-BDS” laws. These laws require people or entities doing business with the state to certify that they do not participate in the Boycott Divestment Sanction movement against Israel. Typically, these laws define boycott as a “refusal to deal, terminating business, or other actions” that limit commercial relations with Israel or Israeli entities. It is highly contested in the courts and commentary whether these anti-boycott laws violate the First Amendment. Assuming arguendo that the “refusal to deal” and “terminating business” clauses do not implicate the First Amendment, that leaves the residual clause. At least one court and …
Originalism As Disruption,
2026
American University Washington College of Law
Originalism As Disruption, Susan D. Carle
Scholarly Articles in Law Reviews & Journals
This Article challenges the conventional understanding of originalism as a method that promotes unchanging constitutional meanings. Drawing on four and a half decades of experience since Attorney General Edwin Meese first championed originalism as a conservative project, this Article demonstrates that originalism has generally proven destabilizing rather than stabilizing to constitutional law. Landmark cases such as New York State Rifle & Pistol Association v. Bruen, Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, and Shelby County v. Holder show that the Supreme Court frequently deploys originalism when it seeks to upend settled constitutional doctrine, contradicting claims …
Law’S Limits: Abortion And The Social Determinants Of Health,
2026
American University Washington College of Law
Law’S Limits: Abortion And The Social Determinants Of Health, Maya Manian
Scholarly Articles in Law Reviews & Journals
After Dobbs: How the Supreme Court Ended Roe but Not Abortion (“After Dobbs”) is a prescient and timely response to the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and upended nearly five decades of constitutional protection for abortion. In this meticulously structured oral history, law professor David S. Cohen and sociologist Carole Joffe center the voices of abortion providers, clinic administrators, funders, and advocates from across the country. After Dobbs, not only documents the extraordinary persistence of abortion supporters in the face of legal devastation but also bears witness to …
Presidential Power And Global Finance: The Rise And Limits Of Financial Warfare,
2026
Harvard University
Presidential Power And Global Finance: The Rise And Limits Of Financial Warfare, Michael Glanzel
Northwestern Journal of International Law & Business
The president’s power over global financial transactions has become one of the most potent tools in America’s foreign policy arsenal. Since the outbreak of World War I, presidents have frequently employed financial instruments to coerce or punish foreign actors. But it was President Biden’s employment of financial weaponry in the wake of Russia’s invasion of Ukraine that represented the most complex and far-reaching exercise of presidential power in global finance. From weakening the Russian central bank’s access to the dollar market, to cutting off key Russian financial institutions from American lenders, to deplatforming Russian entities from the Society for Worldwide …
A Clash Between Rfra And The Department Of Homeland Security: Does A Rescission Of The Sensitive Locations Policy Substantially Burden The Free Exercise Of Religion?,
2026
Mitchell Hamline School of Law
A Clash Between Rfra And The Department Of Homeland Security: Does A Rescission Of The Sensitive Locations Policy Substantially Burden The Free Exercise Of Religion?, Mathew Pelham
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
A Democratic Consultative Constitutionalism For Marxist-Leninist (Socialist) Political Systems—The Theory And Structure Of “Whole Process People’S Democracy” (全过程人民民主),
2026
American University Washington College of Law
A Democratic Consultative Constitutionalism For Marxist-Leninist (Socialist) Political Systems—The Theory And Structure Of “Whole Process People’S Democracy” (全过程人民民主), Larry Catá Backer
American University International Law Review
The Chinese Socialist (Marxist-Leninist) constitutional order has recently fully elaborated a theory and practice of democracy, one that has been offered as an alternative model to liberal democratic theory and practice. In contemporary China, this evolution has taken concrete form as the form of 全过程人民民主 (Whole Process People’s Democracy (WPPD)). This essay examines this emerging theory of Chinese democracy both within the structure of Chinese constitutionalism and as an expression of its Marxist-Leninist foundations. The essence of the distinction of this form of democratic theory with classical liberal democracy is the centrality of consultation rather than elections in this system; …
The Unilateral Reinterpretation Of The Treaty Of Waitangi: Analyzing The Treaty Principles Bill And Its Impact On Māori Sovereignty,
2026
American University Washington College of Law
The Unilateral Reinterpretation Of The Treaty Of Waitangi: Analyzing The Treaty Principles Bill And Its Impact On Māori Sovereignty, Jason Kehoe
American University International Law Review
This comment examines New Zealand’s compliance with the Treaty of Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples by examining the countries treatment of Māori following the introduction of the Treaty Principles Bill and comparing the nations treatment of these groups to similarly situated nations. This comment analyzes the legal and moral duties imposed by the UNDRIP and ILO Convention 169 and the criticism New Zealand has faced for its pushback against the principles originally enshrined in the Treaty of Waitangi. This comment will first provide background on the treatment of Māori in New Zealand following …
Missing The Right(S) Point: How Australia’S Social Media Ban Fails Children And The Case For A Holistic Rights-Based Approach To Online Safety,
2026
American University Washington College of Law
Missing The Right(S) Point: How Australia’S Social Media Ban Fails Children And The Case For A Holistic Rights-Based Approach To Online Safety, Ying Chen
American University International Law Review
In December 2024, Australia rewrote the rules of growing up. Children under sixteen may learn to drive, open a bank account, and even face criminal charges—yet the Australian Government considers them too young to scroll through Instagram or send a Snapchat. With the enactment of the Online Safety Amendment (Social Media Minimum Age) Act 2024, Australia became the first country to introduce an outright ban on social media access for those under sixteen. This bold legislative move has attracted global attention, with several countries reportedly considering similar measures. Through a critical analysis of Australia’s social media ban, this article provides …
The Union Gospel Mission Cases, Church Autonomy, And Co-Religionist Hiring: A Response To Professor Esbeck,
2026
George Washington University | Law School
The Union Gospel Mission Cases, Church Autonomy, And Co-Religionist Hiring: A Response To Professor Esbeck, Robert W. Tuttle, Peter J. Smith
GW Law Faculty Publications & Other Works
Courts have increasingly applied a doctrine of church autonomy to resolve claims involving religious organizations. A recent decision of the Ninth Circuit invoked the doctrine to permit religious employers to favor co-religionists in hiring, even for non-ministerial positions. Professor Carl Esbeck has written a thoughtful critique of the court’s decision. This essay responds to Esbeck and, more broadly, provides a criticism of church autonomy doctrine and a roadmap for decision when the Ninth Circuit’s opinion is reviewed en banc. In our view, courts should apply a doctrine of ecclesiastical abstention, which prevents them from resolving specifically religious questions. But we …
Spending Programs And The New Roberts Court,
2026
Boston University School of Public Health; Boston University School of Law
Spending Programs And The New Roberts Court, Nicole Huberfeld
Faculty Scholarship
The Supreme Court is poised to place new limits on Congress’s spending power at the urging of states vying for regulatory dominance, particularly in health care and public health. This article is the first to highlight and catalog the throughlines of argumentation, which sparked after states successfully challenged the ACA but have grown into opposing more than Medicaid’s cooperative federalism. This means federal and state programs that heavily rely on federal spending power are at risk, so studying this pattern is imperative. The article begins with a descriptive account of increasing spending power challenges, which make use of converging factors …
The Missing Constitutional Law Of Executive Conditions,
2026
Boston University School of Public Health; Boston University School of Law
The Missing Constitutional Law Of Executive Conditions, Nicole Huberfeld, Matthew B. Lawrence
Faculty Scholarship
This Article contributes to development of the constitutional law of executive conditions. Courts are wrestling with the constitutionality of federal efforts to encourage what the federal government cannot mandate—speech on particular subjects, participation in cooperative federalism programs, and so on—but have failed to appreciate an important distinction. Binding statutory conditions articulated by Congress or an executive branch delegee (statutory conditions) and non-binding executive conditions articulated by executive branch actors engaged in regulation by deal (executive conditions) are different in constitutionally salient ways that can and should inform the development of workable doctrine. Yet courts, advocates, and scholars have only begun …
Stinson, LLP
How The Supreme Court’S Inconsistent Approach To Granting Emergency Relief Will Exacerbate, Rather Than Mitigate The Disruption Its Emergency Stay Policy Is Supposed To Address, Harvey L. Reiter
Cardozo Law Review de•novo
The federal government has used the Supreme Court’s emergency or “shadow” docket to great effect this past year, securing stay after stay of lower court rulings that had blocked many of the President’s executive orders. But the Court’s rulings have come, almost invariably, without any explanation of its reasoning. And its opaque and uneven rulings have also come at a potential cost to the Court’s credibility. This Article illustrates the uneven nature of the Court’s rulings by contrasting two lines of cases: (1) the Court’s stays of lower court rulings restoring to their positions FTC, NLRB, EEOC, and MSPB members …
