Part of the Constitutional Law Commons

Works in Constitutional Law

2022

UNENDING REFORM: POLICE RESISTANCE TO CONSENT DECREES AND FEDERAL MONITORS, Finn Mayock
Journal of Law and Policy

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WHEN SEXUAL ASSAULT BECOMES INCIDENT TO MILITARY SERVICE, Lauren C. Brady
Journal of Law and Policy

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ICE Transfers and the Detention Archipelago, Sabrina Balgamwalla
Journal of Law and Policy

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WHAT COUNTS AS ‘RACIST ENOUGH?’: A CLEARER STANDARD FOR NEW TRIALS WHEN JURORS DEMONSTRATE RACIAL BIAS, Priyadarshini Das
Journal of Law and Policy

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A Civil Shame: The Failure to Protect Due Process in Discretionary Immigration Bond Hearings, Stacy L. Brustin
Brooklyn Law Review

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Social Media and the Common Law, Leslie Y. Garfield Tenzer
Brooklyn Law Review

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If You Can’t Beat Them, Get Even: A Proposal to Level the Playing Field Between Social Media Platforms and Their Wrongfully Removed Users, Bernie Gabrielle Toledano
Brooklyn Law Review

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Slaying the Serpents: Why Alternative Intervention Is Necessary to Protect Those in Mental Health Crisis from the State-Created Danger “Snake Pit”, Kathleen Giunta
Journal of Law and Policy

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BOOK REVIEW: The Mighty Roe Has Fallen (Probably): A Call to Action as an Antidote to Despair, Loreen Peritz
Journal of Law and Policy

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2021

How Artificial Intelligence Machines Can Legally Become Inventors: an Examination of and Solution to the Decision on DABUS, Justyn Millamena
Journal of Law and Policy

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The Roberts Court, State Courts, and State Constitutions: Judicial Role Shopping, Ariel L. Bendor, Joshua Segev
Journal of Law and Policy

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The Historical Diagnosis Criterion Should Not Apply: Reasonable Accommodations in Standardized Testing for Individuals with a Later Diagnosis of ADHD, Denise Elliot
Journal of Law and Policy

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A Call to Replace the APA’s Notice-and-Comment Exemption for Guidance Documents, Crystal M. Cummings
Brooklyn Law Review

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Without a Voice, Without a Forum: Finding IIRIRA Section 1252(g) Unconstitutional, Amanda Simms
Brooklyn Law Review

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The Good, the Bad, and the Historically Anti-Semitic: An Analytical Comparison of Anti-Hate Laws in Germany and the United States, Jamie Rauch
Brooklyn Journal of International Law

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Digital Privacy Rights and CLOUD Act Agreements, Tim Cochrane
Brooklyn Journal of International Law

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High Time for a Change: How the Relationship Between Signatory Countries and the United Nations Conventions Governing Narcotic Drugs Must Adapt to Foster a Global Shift in Cannabis Law, Alexander Clementi
Brooklyn Journal of International Law

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Free Speech Still Matters, Joel M. Gora
Brooklyn Law Review

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Broken PROMESA: Why the United States Should Abandon Its Use of the Territories Clause to Control the Local Affairs of Puerto Rico, Julia R. Cummings
Brooklyn Law Review

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The Law of License Plates and Other Inevitabilities of Free Speech Context Sensitivity, William D. Araiza
Brooklyn Law Review

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TRANSCRIPT: The Roberts Court and Free Speech Symposium, Michael T. Cahill, Joel M. Gora, Geoffrey R. Stone, Ronald K.L. Collins, David L. Hudson Jr., Floyd Abrams, Ellis Cose, Robert Corn-Revere, Genevieve Lakier, William D. Araiza, Helen Norton, Nadine Strossen, Erwin Chemerinsky
Brooklyn Law Review

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The Anti-Free Speech Movement, Robert Corn-Revere
Brooklyn Law Review

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FOREWORD: The Free Speech Record of the Roberts Court, William D. Araiza
Brooklyn Law Review

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INTRODUCTORY REMARKS: The Roberts Court and the First Amendment: An Introduction, Geoffrey R. Stone
Brooklyn Law Review

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The Roberts Court—Its First Amendment Free Expression Jurisprudence: 2005­–2021, Ronald K.L. Collins, David L. Hudson Jr.
Brooklyn Law Review

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The Law of License Plates and Other Inevitabilities of Free Speech Context Sensitivity, William D. Araiza
Faculty Scholarship

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The Free Speech Record of the Roberts Court, William D. Araiza
Faculty Scholarship

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The Invisible Circumstances of Notice, Robin Effron
Faculty Scholarship

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The Rise of ADA Title III: How Congress and the Department of Justice Can Solve Predatory Litigation, Sarah E. Zehentner
Brooklyn Law Review

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A Half-Built House: The Substantial Similarity Analysis Split in Architectural Copyright Infringement Cases, Madison V. Smiley
Brooklyn Law Review

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“More than Tangential”: When Does the Public Have a Right to Access Judicial Records?, Jordan Elias
Journal of Law and Policy

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“A Dollar Ain’t Much if You’ve Got It”: Freeing Modern-Day Poll Taxes from Anderson-Burdick, Lydia Saltzbart
Journal of Law and Policy

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A Firm Pillar of Local Justice: The Failures of the New York Town and Village Justice Courts Supporting Statewide Adoption of the District Court Model, Noah Sexton
Journal of Law and Policy

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2020

“A Climate Of Lawlessness”: Upholding a Government’s Affirmative Duty to Protect the Environment Using Deshaney’s Special Relationship Exception, Katherine G. Horner
Journal of Law and Policy

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Emergency Removals Without a Court Order: Using the Language of Emergency to Duck Due Process, Jane Brennan
Journal of Law and Policy

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It’s 1919 Somewhere: What Tennessee Wine & Spirits Retailers Association v. Thomas Means for the National Hangover of the Twenty-First Amendment, the Dormant Commerce Clause, and Federal Legalization of Intoxicating Substances., Evan W. Saunders
Brooklyn Law Review

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Going Gunless, Dru Stevenson
Brooklyn Law Review

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Kosovo's Controversial 100 Percent Tariff: An Analysis of Its Imposition and the Issues Bleeding Into the Conflict Between Kosovo and Serbia, Ernira Mehmetaj
Brooklyn Journal of International Law

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Comity & Calamity: Deference to the Executive and the Uncertain Future of the FSIA, Michael Cooper
Brooklyn Journal of International Law

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Constitutionalism and Africa's Agenda 2063: How to Build "The Africa We Want", John Mukum Mbaku
Brooklyn Journal of International Law

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SOUTH DAKOTA V. WAYFAIR: AN ILL-CONCEIVED BLOW TO THE FREE FLOW OF INTERSTATE COMMERCE, Revel Shinn Atkinson
Brooklyn Journal of Corporate, Financial & Commercial Law

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Restoring the Rights Multiplier: The Right to an Education in the United States, Katherine Smith Davis, Jeffrey Davis
Journal of Law and Policy

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So Goes the Nation: The Constitution, the Compact, and What the American West Can Tell Us about How We'll Choose the President in 2020 and Beyond, Wilfred Codrington III
Faculty Scholarship

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So Goes the Nation: The Constitution, the Compact, and What the American West Can Tell Us about How We'll Choose the President in 2020 and Beyond, Wilfred Codrington III
Faculty Scholarship

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The Contributions of William Funk to American Constitutional Law Scholarship, William Araiza
Faculty Scholarship

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2019

“Disturbing Schools” Laws: Disturbing Due Process with Unconstitutionally Vague Limits on Student Behavior, Rachel Smith
Journal of Law and Policy

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Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Journal of Law and Policy

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The Long Road Back to Skokie: Returning the First Amendment to Mask Wearers, Rob Kahn
Journal of Law and Policy

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The Clone Wars: The Right to Embryonic Gene Editing Under German Law, Keren Goldberger
Brooklyn Journal of International Law

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Of Sustainable Development in Africa: Addressing the (In)Congruence of Plastic Bag Regulations with International Trade Rules, Regis Y, Simo
Brooklyn Journal of International Law

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Introduction: Symposium: Incitement at 100 and 50-and Today-Free Speech and Violence in the Modern World, William Araiza, Joel Gora
Faculty Scholarship

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Safeguarding Democracy in Europe: A Bulwark Against Hungary’s Subversion of Civil Society, Hannah J. Sarokin
Brooklyn Journal of International Law

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Roots of Revolution: The African National Congress and Gay Liberation in South Africa, Joseph S. Jackson
Brooklyn Journal of International Law

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Grinding Down the Edges of the Free Expression Right in Hong Kong, Stuart Hargreaves
Brooklyn Journal of International Law

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Forging Taiwan’s Legal Identity, Margaret K. Lewis
Brooklyn Journal of International Law

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The Benefits of Equity in the Constitutional Quest for Equality, Wilfred Codrington III
Faculty Scholarship

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Lactose’s Intolerance: The Role of Manufacturers’ Rights and Commercial Free Speech in Big Dairy’s Fight to Restrict Use of the Term “Milk”, Kathleen Justis
Brooklyn Law Review

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When Death Becomes an Option: How AEDPA’s Opt-In Provisions Will Violate the Constitutional Rights of Habeas Corpus Petitioners, Alexander Brock
Journal of Law and Policy

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A Second Opinion: Can Windsor v. United States Survive President Trump’s Supreme Court?, Artem M. Joukov
Journal of Law and Policy

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Reciprocal Concealed Carry: The Constitutional Issues, William Araiza
Faculty Scholarship

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Sex, Trump, and Constitutional Change, Elizabeth Schneider, Helen Hershkoff
Faculty Scholarship

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Response: Animus, Its Critics, and Its Potential, William Araiza
Faculty Scholarship

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Animus and Its Discontents, William Araiza
Faculty Scholarship

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Call It By Its Name, William Araiza
Faculty Scholarship

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A Safe Harbor in the Opioid Crisis: How The Federal Government Should Allow States to Legislate for Safe Injection Facilities in Light of the Opioid Public Health Emergency, Amber A. Leary
Brooklyn Law Review

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A Wall of Hate: Eminent Domain and Interest-Convergence, Philip Lee
Brooklyn Law Review

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2018

Diverse Originalism, Christina Mulligan
Faculty Scholarship

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Speech-and-Display Laws: Balancing Physicians' Free Speech Rights and States' Interests in the Context of Abortion, Emily Ruppert
Journal of Law and Policy

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A New Voting Rights Act for a New Century: How Liberalizing the Voting Rights Act’s Bailout Provisions Can Help Pass the Voting Rights Advancement Act of 2017, Mario Q. Fitzgerald
Brooklyn Law Review

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Google, Charlottesville, and the Need to Protect Private Employees’ Political Speech, Chloe M. Gordils
Brooklyn Law Review

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ESSAY: Injustice in Black and White: Eliminating Prosecutors’ Peremptory Strikes in Interracial Death Penalty Cases, Daniel Hatoum
Brooklyn Law Review

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Prisoner-to-Public Communication, Demetria D. Frank
Brooklyn Law Review

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The Equal Protection Doctrine in the Age of Trump: The Example of Unaccompanied Immigrant Children, Rebecca A. Delfino
Brooklyn Law Review

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Telemarketing, Technology, and the Regulation of Private Speech: First Amendment Lessons from the FCC’s TCPA Rules, Justin (Gus) Hurwitz
Brooklyn Law Review

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All the President's Privileges, Ann M. Murphy
Journal of Law and Policy

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Single Subject Rules and Civil Rights: Using Legislative-Process Restrictions to Facially Challenge Constitutionally Suspect Laws, Annie Melton
Journal of Law and Policy

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A Nation of Informants: Reining In Post-9/11 Coercion of Intelligence Informants, Diala Shamas
Brooklyn Law Review

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Taking Away the Tightrope: Fixing the National Flood Insurance Program Circus via Eminent Domain, Alexander S. Mendelson
Brooklyn Law Review

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Demanding Due Process: Time to Amend 8 U.S.C. § 1226(c) and Limit Indefinite Detention of Criminal Immigrants, Allison M. Cunneen
Brooklyn Law Review

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When at Loggerheads With Customary International Law: The Right to Run for Public Office and the Right to Vote, Thompson Chengeta
Brooklyn Journal of International Law

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No Cake for You: Discrimination, Dignity, and Refusals to Serve, William Araiza
Faculty Scholarship

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Policymaking as Power-Building, K. Sabeel Rahman
Faculty Scholarship

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The Once and (Maybe) Future Klein Principle, William Araiza
Faculty Scholarship

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Pickering, Garcetti, & Academic Freedom, Mark Strasser
Brooklyn Law Review

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When the Fourth Estate’s Well Runs Dry, Megan L. Shaw
Brooklyn Law Review

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Section 230’s Liability Shield in the Age of Online Terrorist, Jaime M. Freilich
Brooklyn Law Review

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Accommodating Bias in the Sharing Economy, Norrinda Brown Hayat
Brooklyn Law Review

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2017

PROMESA AND THE BANKRUPTCY CLAUSE: A REMINDER ABOUT UNIFORMITY, Stephen J. Lubben
Brooklyn Journal of Corporate, Financial & Commercial Law

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DECISION-MAKING AND THE SHAKY PROPERTY FOUNDATIONS OF MUNICIPAL BANKRUPTCY LAW, Juliet M. Moringiello
Brooklyn Journal of Corporate, Financial & Commercial Law

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TOWARDS A JURISPRUDENCE OF PUBLIC LAW BANKRUPTCY JUDGING, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law

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The “Right” Right to Environmental Protection: What we can Discern from the American and Indian Constitutional Experience, Deepa Badrinarayana
Brooklyn Journal of International Law

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Denying Certiorari in Bell v. Itawamba County School Board: A Missed Opportunity to Clarify Students’ First Amendment Rights in the Digital Age, Elizabeth A. Shaver
Brooklyn Law Review

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The Legal Climate on Climate Change: The Fate of The EPA's Clean Power Plan after Michigan and UARG, Israel Katz
Brooklyn Journal of Corporate, Financial & Commercial Law

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The Political Process Argument for Overruling Quill, Edward A. Zelinsky
Brooklyn Law Review

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2016

Mandatory Third Party Compliance Examinations for Investment Advisers: An SEC Waterloo?, Mercer Bullard
Brooklyn Journal of Corporate, Financial & Commercial Law

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Like a Bad Neighbor, Hackers Are There: The Need for Data Security Legislation and Cyber Insurance in Light of Increasing FTC Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law

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Deported by Marriage: Americans Forced to Choose Between Love and Country, Beth Caldwell
Brooklyn Law Review

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Understanding Wellness International Network, Ltd. v. Sharif: The Problems with Allowing Parties to Impliedly Consent to Bankruptcy Court Adjudication of Stern Claims, Elizabeth Jackson
Brooklyn Journal of Corporate, Financial & Commercial Law

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A Balancing Act for American Universities: Anti-Harassment Policy v. Freedom of Speech, Bridget Hart
Journal of Law and Policy

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Producing Democratic Vibrancy, K. Sabeel Rahman
Journal of Law and Policy

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Free Speech Matters: The Roberts Court and the First Amendment, Joel M. Gora
Journal of Law and Policy

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Freedom of Speech and Equality: Do We Have to Choose?, Nadine Strossen
Journal of Law and Policy

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Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano
Journal of Law and Policy

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Where's the Fire?, Burt Neuborne
Journal of Law and Policy

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The Academy, Campaign Finance, and Free Speech Under Fire, Bradley A. Smith
Journal of Law and Policy

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Introduction; The Past, Present and Future of Free Speech, Joel M. Gora
Journal of Law and Policy

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From Economic Inequality to Economic Freedom: Constitutional Political Economy in the New Gilded Age, K. Sabeel Rahman
Faculty Scholarship

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Domination, Democracy, and Constitutional Political Economy in the New Gilded Age: Towards a Fourth Wave of Legal Realism, K. Sabeel Rahman
Faculty Scholarship

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Constitutional Retroactivity in Criminal Procedure, Alex Stein, Dov Fox
Faculty Scholarship

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Founding-Era Translation of the U.S. Constitution, Christina Mulligan, Michael Douma, Hans Lind, Brian Quinn
Faculty Scholarship

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Constitutional Utopianism: An Exercise in Law and Literature, Susan Herman
Faculty Scholarship

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Is the Constitution Special?, Nelson Tebbe, Christopher Serkin
Faculty Scholarship

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Is the Constitution Special?, Nelson Tebbe, Christopher Serkin
Faculty Scholarship

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Producing Democratic Vibrancy, K. Sabeel Rahman
Faculty Scholarship

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Standing Up For Their Data: Recognizing the True Nature of Injuries in Data Breach Claims to Afford Plaintiffs Article III Standing, Andrew Braunstein
Journal of Law and Policy

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Reflections on Opportunity in Life and Law, Judith S. Kaye
Brooklyn Law Review

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A Tribute to Chief Judge Judith S. Kaye, Hon. Janet DiFiore
Brooklyn Law Review

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Judge Judith Kaye at Skadden, Arps, Barry H. Garfinkel
Brooklyn Law Review

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For Judith S. Kaye, Susan N. Herman
Brooklyn Law Review

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Switch Hitters: How League Involvement in Daily Fantasy Sports Could End the Prohibition of Sports Gambling, Jordan Meddy
Brooklyn Journal of Corporate, Financial & Commercial Law

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Constitutions as Counter-Curses: Revenue Allocation and the Resource Curse, Tom Brower
Journal of Law and Policy

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Parody and the Fair Use Defense: The Best Way to Practice Safe Sex with All Your Favorite Characters, Jessica N. Schneider
Brooklyn Law Review

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Psychological Harm and Constitutional Standing, Rachel Bayefsky
Brooklyn Law Review

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Race, Restructurings, and Equal Protection Doctrine Through the Lens of Schuette v. BAMN, Steve Sanders
Brooklyn Law Review

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The Making of a Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
Brooklyn Law Review

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A Tribute to Judge Kaye, Nicholas W. Allard
Brooklyn Law Review

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Shock Incarceration and Parole: A Process Without Process, Adam Yefet
Brooklyn Law Review

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Waive Goodbye to Appellate Review of Plea Bargaining: Specific Performance of Appellate Waiver Provisions Should Be Limited to Extraordinary Circumstances, Holly P. Pratesi
Brooklyn Law Review

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Panhandling and the First Amendment: How Spider-Man is Reducing the Quality of Life in New York City, Steven J. Ballew
Brooklyn Law Review

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The Case for LGBT Equality: Reviving the Political Process Doctrine and Repurposing the Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
Brooklyn Law Review

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Making Corporate Law More Communitarian: A Proposed Response to the Roberts Court's Personification of Corporations, Robert M. Ackerman, Lance Cole
Brooklyn Law Review

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Justice-as-Fairness as Judicial Guiding Principle: Remembering John Rawls and the Warren Court, Michael Anthony Lawrence
Brooklyn Law Review

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Unconstitutional but Entrenched: Putting UOCAVA and Voting Rights for Permanent Expatriates on a Sound Constitutional Footing, Brian C. Kalt
Brooklyn Law Review

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Australians' "Right" to be Bigoted: Protecting Minorities' Rights from the Tyranny of the Majority, Jillian Rudge
Brooklyn Journal of International Law

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Trying to Fit a Square Peg Into a Round Hole: Why Title II of the Americans With Disabilities Act Must Apply To All Law Enforcement Services, Michael Pecorini
Journal of Law and Policy

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Putting the Commerce Back in the Dormant Commerce Clause: State Taxes, State Subsidies, and Commerce Neutrality, Ryan Lirette, Alan D. Viard
Journal of Law and Policy

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Policing in the Era of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook III
Brooklyn Law Review

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The Costs and Consequences of Incorrect Citations: European Law in the U.S. Supreme Court, Andrea Pin
Brooklyn Journal of International Law

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The Principle of Legality and a Common Law Bill of Rights—Clear Statement Rules Head Down Under, Dan Meagher
Brooklyn Journal of International Law

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Taking Constitutional Identities Away from the Courts, Pietro Faraguna
Brooklyn Journal of International Law

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2015

Emergency Takings, Brian Lee
Faculty Scholarship

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Countersupermajoritarianism, Nelson Tebbe, Frederic Bloom
Faculty Scholarship

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The Enforcement Power in Crisis, William D. Araiza
Faculty Scholarship

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Catalogs, Alex Stein, Gideon Parchomovsky
Faculty Scholarship

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The Scottish Independence Referendum and the Principles of Democratic Secession, Benjamin Levites
Brooklyn Journal of International Law

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2014

Associations and the Constitution: Four Questions About Four Freedoms, Nelson Tebbe
Faculty Scholarship

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After the Tiers: Windsor, Congressional Power to Enforce Equal Protection, and the Challenge of Pointillist Constitutionalism, William D. Araiza
Faculty Scholarship

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2013

Government Nonedorsement, Nelson Tebbe
Faculty Scholarship

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Just Undercompensation: The Idiosyncratic Premium n Eminent Domain, Brian A. Lee
Faculty Scholarship

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2012

Policing School Discipline, Catherine Y. Kim
Faculty Scholarship

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Book Review, Back to the Future, William Araiza
Faculty Scholarship

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Back to the Future (reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011)), William D. Araiza
Faculty Scholarship

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Democracy and Productivity: The Glass-Steagall Act and the Shifting Discourse of Financial Regulation, K. Sabeel Rahman
Faculty Scholarship

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Portrait of a Judge: Judith S. Kaye, Dichotomies, and State Constitutional Law, Susan Herman
Faculty Scholarship

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2011

Covenants for the Sword, Alice Ristroph
Faculty Scholarship

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Playing Well With Others -- But Still Winning: Chief Justice Roberts, Precedent, and the Possibilities of a Multi Member Court, William D. Araiza
Faculty Scholarship

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Nonbelievers, Nelson Tebbe
Faculty Scholarship

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Justice Stevens and Constitutional Adjudication: The Law Beyond the Rules., William D. Araiza
Faculty Scholarship

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Citizens United, Stevens and Humanitarian Law Project: First Amendment Rules and Standards in Three Acts, William D. Araiza
Faculty Scholarship

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Apoplectic about Hyperlexis, William Araiza
Faculty Scholarship

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2010

New Groups and Old Doctrine: Rethinking Congressional Power to Enforce the Equal Protection Clause, William Araiza
Faculty Scholarship

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Equal Access and the Right to Marry, Nelson Tebbe, Deborah A. Widiss
Faculty Scholarship

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Constitutional Borrowing, Nelson Tebbe, Robert Tsai
Faculty Scholarship

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2009

New Groups and Old Doctrine: Rethiking Congressional Power to Enforce the Equal Protection Clause, William D. Araiza
Faculty Scholarship

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Condemning Religion: RLUIPA and the Politics of Eminent Domain, Nelson Tebbe, Christopher Serkin
Faculty Scholarship

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Constitutional Rules and Institutional Roles: The Fate of the Equal Protection Class of One and What It Means for Congressional Power to Enforce Constitutional Rights, William Araiza
Faculty Scholarship

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2008

Excluding Religion, Nelson Tebbe
Faculty Scholarship

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Constitutional Evidence Law, Alex Stein
Faculty Scholarship

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2007

Irrationality and Animus in Class-of-One Equal Protection Cases, William D. Araiza
Faculty Scholarship

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First Amendment Cases in the Supreme Court 2005 Term, Joel Gora
Faculty Scholarship

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2006

Foreign and International Law in Constitutional Gay Rights Litigation: What Claims, What Use and Whose Law?, William D. Araiza
Faculty Scholarship

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Limits on Agency Discretion to Choose Between Rulemaking and Adjudication: Reconsidering Patel v. INS and Ford Motor Co. v. FTC, William D. Araiza
Faculty Scholarship

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First Amendment Cases in the October 2004 Term, Joel Gora
Faculty Scholarship

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2005

The Section 5 Power and the Rational Basis Standard of Equal Protection, William D. Araiza
Faculty Scholarship

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Free Exercise and the Problem of Symmetry, Nelson Tebbe
Faculty Scholarship

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2003-2004 Supreme Court Term: Another Losing Season for the First Amendment, Joel Gora
Faculty Scholarship

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2004

Court, Congress and Equal Protection: What Brown Teaches Us about the Section 5 Power, William D. Araiza
Faculty Scholarship

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The Section 5 Power after Tennessee v. Lane, William D. Araiza
Faculty Scholarship

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In Praise of a Skeletal APA: Judicial Discretion, Remedies for Agency Inaction and APA Amendment, William D. Araiza
Faculty Scholarship

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First Amendment Decisions - 2002 Term, Joel Gora
Faculty Scholarship

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2002

ENDA Before it Starts: Section 5 of the Fourteenth Amendment and the Availability of Damages Awards to Gay State Employees under the Proposed Employment Non-Discrimination Act, William D. Araiza
Faculty Scholarship

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Splitting the Atom of Marshall's Wisdom, Susan Herman
Faculty Scholarship

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A Balanced Diet of First Amendment Cases, Joel Gora
Faculty Scholarship

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2001

Taking Democracy Seriously, Neil B. Cohen
Faculty Scholarship

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The Calm After the Storm: First Amendment Cases in the Supreme Court's 2000-2001 Term, Joel Gora
Faculty Scholarship

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The Storm Arrives: The First Amendment Cases in the Supreme Court's 1999-2000 Term, Joel Gora
Faculty Scholarship

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2000

The Calm Before the Storm: First Amendment Cases in the 1998-99 Term, Joel Gora
Faculty Scholarship

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1999

The Trouble with Robertson: Equal Protection, the Separation of Powers and the Line Between Statutory amendment and Statutory Interpretation, William D. Araiza
Faculty Scholarship

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1998

Formalism and State Sovereignty in Printz v. United States: Cooperation by Consent, Andrew S. Gold
Faculty Scholarship

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Slashing and Burning Prisoners' Rights: Congress and the Supreme Court in Dialogue, Susan Herman
Faculty Scholarship

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1997

The First Amendment in the Supreme Court: The Future Lies Ahead, Joel Gora
Faculty Scholarship

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1996

A Feminist Revisit to the First-Year Curriculum, Anita Bernstein
Faculty Scholarship

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Text, Purpose and Facts: the Relationship Between CERCLA Sections 107 and 113, William D. Araiza
Faculty Scholarship

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A Championship Season for the First Amendment, Joel Gora
Faculty Scholarship

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1995

Reconstructing the Bill of Rights: A Reply to Amar and Marcus's Triple Play on Double Jeopardy, Susan Herman
Faculty Scholarship

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1994

Double Jeopardy All Over Again: Dual Sovereignty, Rodney King, and the ACLU, Susan Herman
Faculty Scholarship

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1992

On the Brink: The First Amendment in the Rehnquist Court, 1990-91 Term, Joel Gora
Faculty Scholarship

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The Tail that Wagged the Dog: Bifurcated Factfinding Under the Federal Sentencing Guidelines and the Limits of Due Process, Susan Herman
Faculty Scholarship

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1990

Academic Freedom: A Bibliography, Janet Sinder
Faculty Scholarship

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1989

Beyond Parity: Section 1983 and the State Courts, Susan Herman
Faculty Scholarship

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1985

Executive Targeting of Congressmen as a Violation of the Arrest Clause, Anita Bernstein
Faculty Scholarship

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1984

Constitutional Limits on Nationwide Personal Jurisdiction in the Federal Courts, Maryellen Fullerton
Faculty Scholarship

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1982

Commentary: Constitutional Law, Joel Gora
Faculty Scholarship

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1973

On Privacy: Constitutional Protection for Personal Liberty, Susan Herman, L. Simonson
Faculty Scholarship

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1968

Commentary, An Ode to Rejection, Aaron Twerski
Faculty Scholarship

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