In Print
Volume 22, Issue 1 (Winter 2024)*
Camping and the Constitution
Paul J. Larkin
*The entire publication of Volume 22, Issue 1 is forthcoming.
Volume 21, Special Issue (2023)
SYMPOSIUM: THE ETHICS OF EFFECTIVE ALTRUISM AND SOCIAL ENTREPRENEURSHIP
Letter from the Editor
Philip H. DeVoe
The Strength and Scope of Duty
The Moral Status of Beneficence
Ryan W. Davis
Why Ten Percent?
Amy Berg
Effective Altruism, Global Justice, and Individual Obligations
Brian Berkey
Challenges To And Inside Effective Altruism
Esoteric Altruism: Does Effective Altruism Require Its Own Destruction?
Jeff Sebo
When We Don’t Know What We Owe
Joshua Stein
How to Express Improvements in Animal Welfare in DALYs-averted
Bob Fischer
Applied Beneficence
Is It All For Nothing? On the Futility Objection to Individual Environmental and Political Action
Christopher Freiman
Assessing Evidence for Purposes of Effective Altruism
Kathryn E. Joyce
Saving the World Starts at Home
Brandon Warmke
Volume 21, Number 2 (Summer 2023)
Contents
Letter from the Editor
Philip H. Devoe
Symposium: Ensuring Democratic Accountability in the Administrative State
The Constitutionality of Acting Principal Officers: Can Eaton and Edmond Be Reconciled?
Thomas A. Berry
Unconstitutional Federalism: A Call to Reinvigorate the Appointments Clause
Lucas T. Vebber
Exploring Democratic Accountability in the Administrative State
Joshua Ulan Galperin
Assessing Visions of Democracy in Regulatory Policymaking
Shoba Sivaprasad Wadhia and Christopher J. Walker
Constitutional Chevron: Domains of Congress and Courts in Remedies for Unconstitutional Administrative Structures
Ronald A. Cass
Ratification of Rules as Retroactive Rulemaking
Michael A. Poon
An Expanded Version of OIRA Can Ensure Democratic Accountability in the Administrative State
Richard J. Pierce, Jr.
Presidential Signature Requirements as a Tool for Enforcing Democratic Accountability
Alison Somin
Articles
The Right to Rage: Free Speech and Rage Rhetoric in American Political Discourse
Jonathan Turley
Ruan v. United States: An Important Ruling or Merely Sound and Fury?
Paul J. Larkin
Freedom of Speech and the Common Law: A Contrarian Perspective
John Hasnas
Notes
Into the Weeds of the Third Amendment: Constitutional Protections for At-Home Marijuana Use
James Bernstein
Federal Versus State Antitrust Enforcement: Furthering Competition Through Cooperation
Ingrid Ulrika Jernudd
Red Herring History: An Analysis of Why Dobbs is Not Originalism
Jennifer Simon
Whose Constitutional Authority Is It Anyway? Nondelegation, the National Emergencies Act, and the International Emergency Economic Powers Act
Rachel Jessica Wolff
Volume 21, Number 1 (Winter 2023)
Philip H. DeVoe
Symposium: Commemorating The Constitutional Contributions of Gouverneur Morris
Eighth Annual Salmon P. Chase Lecture
Gouverneur Morris and the Drafting of the Federalist Constitution
William Michael Treanor
Papers
Nationalizing “the Curse of Heaven”: Gouverneur Morris on the Constitution and the Slave Power
J. Jackson Barlow
Gouverneur Morris and Contemporary America: The Scrivener’s Ageless Views
Richard Brookhiser
Representing the Nation: Gouverneur Morris’s Nationalist Constitutionalism
Jonathan Gienapp
A Great Statesman: Reclaiming Gouverneur Morris
Melanie Randolph Miller
Articles
Roe and the Original Meaning of the Thirteenth Amendment
Kurt T. Lash
Climate Realism and a Positive Vision for American Energy
C. Boyden Gray
The Roberts Court and Compulsory Collective Bargaining: Reading the Tea Leaves after Janus
Thomas J. Freeman, Aaron McKain, Amy J. Parrish, and Christopher Chochon
Notes
The Strength of a Giant: The Administrative State and the United States Patent & Trademark Office
Braden Anderson
An Unqualified Defense of Qualified Immunity
Elliott Averett
The Founders’ Declaration of War: The Declare War Clause and the Constitutionality of Undeclared War
Reuben W. Blum
Volume 20, Special Issue (2022)
Letter From the Editor
Luke Bunting
Articles
The Scope of Freedom of Speech
When to Suppress Speech
Michael Huemer
Credibility and the Standpoint Expectation
Jessica Flanigan
Freedom of Speech, Power, and Democracy
Freedom From Speech
Mary Anne Franks
Media Power Through Epistemic Funnels
Erin Miller
The Epistemology of the Internet and the Regulation of Speech in America
Brian Leiter
Freedom of Speech on College Campuses
Do Universities Need Choreographed Disagreement?
Jeffrey Adam Sachs
Will We Ratify the Constitution of Knowledge?
Daniel Cullen
Free Speech on Campus: Countering the Climate of Fear
John Hasnas
Civil Liability, Civility, and Norms
Ethical Complexities in Defamation and False Light Claims
Rodney Smolla
Ethics in Conversation: Why “Mere” Civility is Not Enough
J.P. Messina
Beyond Speech Acts: On Hate Speech and the Ubiquity of Norm Enactment
Mary Kate McGowan
Volume 20, Number 2 (Summer 2022)
Letter from the Editor
Luke Bunting
Articles
Inconvenient Federalism: The Pandemic, Abortion Rights, and the Commerce Clause
Thomas J. Molony
Non-Textualism and the Duck Season-Rabbit Season Dramaturgical Dyad: A Response to Professor Cass Sunstein (and others)
Seth Barrett Tillman
How Independent is Too Independent?: Redistricting Commissions and the Growth of the Unaccountable Administrative State
Jason Torchinsky and Dennis W. Polio
The Second Amendment was Adopted to Protect Liberty, Not Slavery: A Reply to Professors Bogus and Anderson
Stephen P. Halbrook
“Light Him Up”: Addressing the Dangerous Intersection of Traffic Stops and Consent
Geoffrey S. Corn
The Clean Water Act and the Void-for-Vagueness Doctrine
Paul J. Larkin
Following in the Footsteps of Fair Pay: The Case for Exempt “Time Transparency” and the Mandatory Disclosure of White-Collar Work Hours
Jennifer Haskin Will
Litigation by Ambush: The Struggle to Obtain Fair Notice of OSHA Allegations
Arthur G. Sapper
Notes
Minority Party Need Not Inquire: Revisiting the Executive Duty to Respond to Congressional Oversight Authority
Tina Seideman
Restoring the Proper Role of the Courts in Election Law: Toward a Reinvigoration of the Political Question Doctrine
Kate Hardiman Rhodes
Presidential Pandemic Powers: The President the Founders Gave Us for the Era of COVID-19
Haley Peterson Denler
Volume 20, Number 1 (Winter 2022)
Luke Bunting
Symposium: Commemorating The 100th Anniversary of the Nineteenth Amendment
Seventh Annual Salmon P. Chase Lecture
Thick Women and the Thin Nineteenth Amendment
Martha S. Jones
Papers
The Politics of Constitutional Memory
Reva B. Siegel
Mary Lou Graves, Nolen Breedlove, and the Nineteenth Amendment
Ellen D. Katz
Gender, Voting Rights, and the Nineteenth Amendment
Paula A. Monopoli
Revisiting Justice George Sutherland, the Nineteenth Amendment, and Equal Rights for Women
David E. Bernstein
Articles
Josh Blackman and Seth Barrett Tillman
Malicious Prosecution as Undue Process: A Fourteenth Amendment Theory of Malicious Prosecution
Hon. Timothy Tymkovich and Hayley Stillwell
Dobbs and the Holdings of Roe and Casey
Eric R. Claeys
Misreading and Transforming Casey for Dobbs
Sherif Girgis
The Choice Between Persuading and Coercing Americans to Get Vaccinated Against COVID-19
Paul J. Larkin
Constitutional Challenges to the OSHA COVID-19 Vaccination Mandate
Paul J. Larkin
Address
On Ilya Shapiro, Cancel Culture, and Color Blindness
Hon. James C. Ho
Notes
Stare (In)decisis: The Elusive Role of Precedent in Originalist Theory & Practice
Nicholas Iacono
Rachel Scholz-Bright
Splitting the Difference: A Bright-Line Proposal for the Ministerial Exception
Joseph Capobianco