Volume 70 (2020-2021)

Volume 70, Number 8 – May 2021

Posted on April 20th, 2021

Articles Jailhouse Immigration Screening Eisha Jain PDF Within the past decade, U.S. interior immigration enforcement has shifted away from the street and into the jailhouse. The rationale behind jailhouse screening is to target enforcement efforts on those who fall within federal removal priorities. This Article shows how a program undertaken with the stated aim of Continue Reading »

Volume 70, Number 7 – April 2021

Posted on March 31st, 2021

Articles The Agent’s Problem Asaf Eckstein & Gideon Parchomovsky PDF The agency problem, the idea that corporate directors and officers are motivated to prioritize their self-interest over the interest of their corporation, has had a long-lasting impact on corporate-law theory and practice. In recent years, however, as federal agencies have stepped up enforcement efforts against Continue Reading »

Volume 70, Number 6 – March 2021

Posted on February 26th, 2021

Articles The Youngstown Canon: Vetoed Bills and the Separation of Powers Kristen E. Eichensehr PDF As presidents make ever more expansive claims of executive power, Congress’s ability and willingness to counter the executive is often limited. That makes all the more significant instances when Congress does overcome structural and political challenges to pass legislation to Continue Reading »

Volume 70, Number 5 – February 2021

Posted on January 27th, 2021

Article Narrowing Chevron’s Domain Kristin E. Hickman & Aaron L. Nielson PDF Chevron deference has become increasingly controversial. Some Justices on the Supreme Court have stated that they would overrule Chevron, and others have urged that it be curtailed. If Chevron were merely modified rather than overturned, it is unclear what that modified Chevron would Continue Reading »

Volume 70, Number 4 – January 2021

Posted on December 18th, 2020

Articles “A World of Difference”? Law Enforcement, Genetic Data, and the Fourth Amendment James W. Hazel & Christopher Slobogin PDF Law enforcement agencies are increasingly turning to genetic databases as a way of solving crime, either through requesting the DNA profile of an identified suspect from a database or, more commonly, by matching crime scene Continue Reading »

Volume 70, Number 3 – December 2020

Posted on November 19th, 2020

Articles The Student Loan Bankruptcy Gap Jason Iuliano PDF Each year, a quarter of a million student loan debtors file for bankruptcy. Of those, fewer than three hundred discharge their educational debt. That is a success rate of just 0.1 percent. This chasm between success and failure is the titular “Student Loan Bankruptcy Gap,” and Continue Reading »

Volume 70, Number 2 – November 2020

Posted on October 21st, 2020

Articles Reconstructing Racially Polarized Voting Travis Crum PDF Racially polarized voting makes minorities more vulnerable to discriminatory changes in election laws and therefore implicates nearly every voting rights doctrine. In Thornburg v. Gingles , the Supreme Court held that racially polarized voting is a necessary—but not a sufficient—condition for a vote dilution claim under Section Continue Reading »

Volume 70, Number 1 – October 2020

Posted on September 25th, 2020

Articles The Executive’s Privilege Jonathan David Shaub PDF Both the executive branch and Congress claim the final word in oversight disputes. Congress asserts its subpoenas are legally binding. The executive branch claims the final authority to assert executive privilege and, accordingly, to refuse to comply with a subpoena without consequence. These divergent views stem in Continue Reading »