Volume 111
Mar. 2023

Race, Entrapment, and Manufacturing “Homegrown Terrorism”

by Sahar F. Aziz
At what point does offensive speech cross the line from being constitutionally protected to criminal? Rarely—would be the response of a free speech purist. Indeed, the First Amendment is intended to protect unpopular, offensive, and even subversive speech. Although this lesson may be taught to American schoolchildren, it is not the lived experience of Muslim […]

Americana Administrative Law

by Beau J. Baumann
On January 13, 2022, the Supreme Court blocked the Biden Administration’s vaccine-or-test mandate, a measure meant to save thousands of lives amid a once-in-a-century pandemic. Justice Gorsuch’s concurrence suggested that the Court’s decision vindicated the nondelegation doctrine, even if indirectly. Gorsuch argued that Congress could not be left to its own devices because open-ended delegations […]

The Education-Democracy Nexus and Educational Subordination

by Caitlin Millat
Many believe that American democracy is in critical danger. These heightened concerns about democracy’s survival have spurred conversation about the role public education can and should play in American life. At the same time, a wave of legislation has emerged that not only threatens to minimize public education’s democratizing and equityenhancing functions, but also threatens […]

Election Law as Ideology: Toward a New Historiography of Democracy as a Function of Law

by David Leeds
And when I speak, I don’t speak as a Democrat, or a Republican, nor an American. I speak as a victim of America’s so-called democracy. You and I have never seen democracy; all we’ve seen is hypocrisy. —Malcolm X We’re not a democracy. —Sen. Mike Lee (R-Utah) When advocates push for legal reforms expanding voting […]

Charisma, Uniqueness, Nerve, and Copyright?: Character Copyright on RuPaul’s Drag Race

by Olivia Roche
RuPaul’s Drag Race (RPDR) has catapulted the art of drag into the mainstream and changed the lives of numerous drag performers in the process. Queens often sign on to participate in the show with little more than a well-defned, unique drag character and a dream. They fail to realize what rights to their own original […]