Constitutional Law
-
The Sixth Circuit Joins the Split: Higher Education Freedom of Speech and the Breadth of Academic Freedom Remain in Limbo
12 Wake Forest L. Rev. Online 111 Introduction No one wonders about the strength of the First Amendment’s speech protections… Read More
-
Death Knell for Death Penalty After the Parkland Shooter Verdict?
By Kendall Carter Florida has executed more people than just about any other state.[1] However, Florida also gets it wrong… Read More
-
Choosing to Go Out with a Bang: Examining Executions by Firing Squad
By Grace Koppenheffer As morbid as it is, most of us have probably thought about the way we would want… Read More
-
Miranda Warnings: A Constitutional Right or Supreme Court “Prophylactic”?
By Cameron Bray On April 20, 2022, attorneys and Justices of the United States Supreme Court sparred over whether Miranda… Read More
-
The Nondelegation and Major Questions Doctrines: OSHA’s Stayed Mandate and a Closer Look at the Growing Debate over Chevron Deference
By Jonathon Beatty In National Federation of Independent Business v. OSHA,[1] the Supreme Court reversed the Sixth Circuit Court of… Read More
-
North Carolina’s Redistricting Saga
By Tanner Henson Before diving into the legal challenges that surrounded North Carolina’s 2022 congressional redistricting, it is important to… Read More
-
When the Free Speech, Free Exercise, and Establishment Clauses Collide: Setting the Stage for Kennedy v. Bremerton School District and Its Potential Impact on Public Employees’ First Amendment Rights
By Jonathon Beatty What happens when a public-school employee’s free speech and free exercise rights run contrary to the Establishment… Read More
-
Is Osha Overstepping? The Vaccine Mandate That Perplexed the Circuit Courts Offered the Supreme Court a Rare Opportunity to Clarify OSHA’s Emergency Rulemaking Authority
By: Tanner Henson In 1970, Congress enacted the Occupational Safety and Health Act (“OSH Act” or “the Act”), a sweeping… Read More
-
Constitutional Cussing
By: Joseph C. Johnson On May 5, 2019, Dillon Webb was pulled over by a sheriff’s deputy in Columbia County,… Read More
-
The National Security Powers Act of 2021 and the Erosion of Congressional War Powers
By Jacob Winton On July 20, 2021, Senators Bernie Sanders (I-Vt.), Chris Murphy (D-Conn.), and Mike Lee (R-Utah) introduced the… Read More
-
Shining a Light into the Shadows of the Supreme Court’s Shadow Docket
By Grace Koppenheffer When systems work as expected, people generally are content to let such systems work in the background—the… Read More
-
Religion in a Pandemic: The Supreme Court’s Free Exercise Jurisprudence in the COVID-19 Era
Blake Davis The COVID-19 pandemic has upended the way Americans engage in their weekly religious practices.[1] As with every other… Read More