Steven Universe, a children’s cartoon that follows the lives and adventures of the half-human, half-alien boy Steven Universe and his family of intergalactic space aliens, “the Crystal Gems,” upends these narratives, instead modeling restorative justice principles—empathetic, dialogue-based communication, non-punitive conflict resolution, and communal healing—for children. […]
Sitting One Out: Strategic Recusal on the Supreme Court
In a time of constitutional hardball, the Supreme Court’s quorum requirement raises the questions of how and whether a tactic of strategic recusal—or “sitting out”—can be effectively employed by a four-Justice minority and whether utilizing such a tactic would be appropriate. […]
The Quasi-Army: Law Enforcement, Value Judgments, & the Posse Comitatus Act
By unleashing military tactics and weapons onto American streets, police departments around the country are violating a value that traces its intellectual roots to the very founding of our country and which has been crystallized in statute for well over a century. […]
Watch Where You Walk: Law Enforcement Surveillance and Protester Privacy
Law enforcement has a responsibility to facilitate the rights of civilians, including the First Amendment right to peaceful protest—not to quash expression of those rights. Those who protest and advocate for equality and justice should not have to risk being the victim of the extensive reach of the state while merely exercising their constitutionally mandated rights. […]
Discriminatory Paycheck Protection
Deciding how and whom to protect during this crisis is a quintessentially political choice—among the most central of the current moment. But as these cases show, relief funding during a crisis not only can’t avoid First Amendment scrutiny—the newly expanded funding might actually be what prompts scrutiny of programs that previously spent decades flying under courts’ radar. […]
The Americans with Disabilities Act at Thirty
While the failures of the ADA have been many, its successes have been paradigm shifting. This commentary is meant to celebrate those suc-cesses, and to wish that paradigm shifting law a happy 30th birthday. […]
The Constitutional Challenges Awaiting Police Reform—and How Congress Can Try to Address Them Preemptively
As November elections loom, incumbents have responded to nationwide protests by advancing a panoply of police reform measures. Some of these proposals are gaining momentum. This Article addresses the constitutional challenges that await federal reform efforts by discussing three of the more popular proposals. […]
Free Exercise’s Lingering Ambiguity
It has become common, for example, for churches to demand that their ability to gather for worship not be considered less essential than the operation of liquor stores in those states that have designated the latter as “essential” businesses. In other words, these churches argue that the First Amendment does not permit states to prioritize pinot noir over prayer. Judges hearing these challenges have had to grapple with an old question imbued with new pandemic-related nuance: What constitutes discrimination against religion under the Free Exercise Clause? […]
Rule of Law from the Ground Up: Legal Curriculum Reform in Afghanistan
The rule of law, arguably the most cherished political ideal, remains elusive in many corners of the world. Since its formation in the mid-eighteenth century, Afghanistan has experienced episodes of “rule by law,” “rule of man,” and “rule of gun” much more so than the rule of law. This Article contributes to the literature by exploring the nexus between the rule of law and legal education in developing and transitional states. In particular, the Article examines the critical role of curriculum reform in bolstering the legal education system and, thereby, promoting a rule of law culture in Afghanistan. […]
Increasingly Antidemocratic? An Empirical Examination of the Supreme Court Nomination and Confirmation Process
Waiting to appoint a Supreme Court justice until after an election is just another way to tie the Court’s makeup to majoritarian and democratic processes. But is this sentiment right—is the Court, in fact, procedurally majoritarian? To answer this question, I explored the appointment and confirmation process behind each of the nine sitting Justices. […]