Constitutional Law

Let Them Eat Cake or Let Him Not Bake? Summary and Analysis of Masterpiece Cakeshop v. Colorado Civil Rights Commission

Michael Beato

Unlike most cases brought before the United States Supreme Court, Masterpiece Cakeshop v. Colorado Civil Rights Commission captured the nation’s attention. In this case, free speech rights were pitted against an anti-discrimination law, and religious rights were pitted against the dignity of same-sex marriage. While these constitutional doctrines might seem nuanced and obscure to most, […]

Oh What a Truism the Tenth Amendment Is: State Sovereignty, Sovereign Immunity, and Individual Liberties

Sharon E. Rush

Abstract The United States Supreme Court takes the Tenth Amendment and state sovereignty seriously. It also takes the Eleventh Amendment and state sovereign immunity seriously. Moreover, the contemporary Court’s interpretations of Congress’s Article I powers are based on its concomitant interpretations of the Tenth and Eleventh Amendments. The Court has infused these interpretations with the […]

Animus and its Discontents

William D. Araiza

Abstract The concept of “animus” has taken center stage in high-stakes constitutional rights adjudication. Both in major equal protection cases and, more recently, in litigation over President Trump’s immigration bans and religion-based denials of commercial services to lesbians and gays, animus has emerged as a favored doctrinal tool of courts committed to protecting individual rights […]

A Statutory National Security President

Amy L. Stein

Abstract Not all presidential power to address national security threats stems from the Constitution. Some presidential national security powers stem from statute, creating complicated questions about the limits of these powers delegated to the President by Congress. Scholars who have explored ways to achieve the proper balance between responsiveness and accountability have generally focused on […]

Can the State Proclaim Life After Death? Hellerstedt and Regulating the Disposition of Fetal Remains

Written by: Thomas J. Molony

Abstract The United States Supreme Court dealt a significant blow to abortion opponents in Whole Woman’s Health v. Hellerstedt, but the 2016 ruling did not dampen their resolve. Just days after Texas lost the Hellerstedt battle, the Texas Department of State Health Services (DSHS) returned to the fight and proposed regulations requiring health care facilities […]

“Revenge Porn” Reform: A View From the Front Lines

Written by: Mary Anne Franks

Abstract The legal and social landscape of “revenge porn” has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the term “revenge porn.” As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; […]