RECENT PUBLICATIONS
Read our most recent publications from the 2025-2026 academic year, as well as publications from 2023-2024 and 2024-2025.
Essays are published individually, as opposed to in volumes. For an archive of publications, click the link below.

The Struggle is Real: Black Students and the Legal Education Divide, From Sweatt to SFFA
PDF 2025-2026_Published 2025_09_13_Star Johnson_The Struggle is Real_Black Students and the Legal Education Divide, From Sweatt to SFFA This story begins with a Black mail carrier. In 1950, Heman Marion Sweatt applied to the University of Texas School of Law.[1] After...

Rearguing Grants Pass: Equal Protection for Individuals Experiencing Homelessness
PDF 2024-2025_Published 2025_03_12_Emily Ross_Rearguing Grants Pass_ Equal Protection for Individuals Experiencing Homelessness Homelessness is complex. Its causes are many. So may be the public policy responses required to address it. City of Grants Pass v....

Save the ALJs! A Proposal to Convert ALJs to Article III Adjudicators
PDF 2024-2025_Published 2025_02_10_Matthew Morrow_Save the ALJs! A Proposal to Convert ALJs to Article III Adjudicators I. Introduction Administrative Law Judges ("ALJs") are essential to the federal government. They operate as members of the executive branch...

We Can Neither Confirm Nor Deny—Nor Execute: Applying the Heightened Reliability Standard in Death Penalty Cases with Classified Evidence
PDF 2024-2025_Published 2025_01_31_Simone Oberschmied_We Can Neither Confirm Nor Deny—Nor Execute Applying the Heightened Reliability Standard in Death Penalty Cases with Classified Evidence I. Introduction In 1976 the Supreme Court reestablished the death...
THE IMPORTANCE OF ATTORNEY’S FEES IN CIVIL RIGHTS CASES: A LOOK AT LACKEY V. STINNIE
PDF 2024-2025_Published 2024_11_11_Carson Robb_The Importance of Attorney's Fees in Civil Rights Cases- A Look at Lackey v. Stinnie The case of Lackey v. Stinnie, argued on October 8, may not have attracted national headlines, but its implications for civil rights...

Heroes Born of Women: Abortion, Servitude, and a People’s Originalism, Installation II
PDF 2024-2025_Published 2024_10_03_Dylan Basecu_Heroes Born of Women Abortion, Servitude, and a People’s Originalism, Installation II This work is a continuation of: Heroes Born of Women: Abortion, Servitude, and a People’s Originalism, Installation I. Installation I...

Heroes Born of Women: Abortion, Servitude, and a People’s Originalism, Installation I
PDF 2024-2025_Published 2024_10_03_Dylan Basecu_Heroes Born of Women Abortion, Servitude, and a People’s Originalism, Installation I In the last fifty years, originalism has gone from being an obscure academic theory to making national headlines. Notably, the United...
Dobbs v. History, Part Two: American Common Law
PDF 2024-2025_Published 2024_07_19_Jonathan Schneider_Dobbs v. History, Part Two- American Common Law Lost arguments are not grounds to overrule a case. When proponents of those arguments, greater now in number on the Court, return to fight old battles anew, it...
Dobbs v. History, Part One: English Common Law
This piece is the first of a four-part series examining how common law and 19th-century statutes support pre-viability abortion as a constitutionally protected right under the Ninth and Fourteenth Amendments. Part one specifically explores the Court’s analytical missteps in Dobbs’ discussion of historic English Common Law.

“My Ancestors Came Here Legally.” Yes, it was much easier back then.
PDF 2023-2024_Published 2024_03_05_Erica Hackett_“My Ancestors Came Here Legally.” Yes, it was much easier back then. A modern analysis of my Italian great-grandparents’ journey to the U.S. in the early 20th Century. Give me your tired, your poor, Your huddled...