In Print
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