Volume 20, Special Issue (2022)

Letter From the Editor 
Luke Bunting


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


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


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

Preserving Faithful Execution: An Examination into the Original Meaning of the Take Care Clause and the Measures to Preserve It 
Sophia Shams


Volume 20, Number 1 (Winter 2022)

Letter from the Editor

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


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


The Unresolved Threshold Issues in the Emoluments Clauses Litigation: The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct

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


On Ilya Shapiro, Cancel Culture, and Color Blindness

Hon. James C. Ho


Stare (In)decisis: The Elusive Role of Precedent in Originalist Theory & Practice

Nicholas Iacono

Walking the Tightrope: Finding Balance Between Strict Nondelegation and the Administrative State through an Examination of State Experiences

Rachel Scholz-Bright

Splitting the Difference: A Bright-Line Proposal for the Ministerial Exception

Joseph Capobianco