Residual State Power to Regulate Presidential Qualifications in The Wake Of Trump v. Anderson and Moore v. Harper by Vikram David Amar; History, Tradition, and Voter Registration by Joshua A. Douglas; “The Real Preference Of Voters”: Madison’s Idea of a Top Three Election and the Present Necessity of Reform by Edward B. Foley; Voter Harassment and the Limits of State and Federal Power by Ellen D. Katz; Coups and Punishment in the Constitutional Order by Anthony Michael Kreis; Comments By a Cantankerous Crank On “Constitutional Theory,” the Supreme Court, and the Legal Academy by Sanford Levinson; The Regulation of Presidential Elections by Lori A. Ringhand; “Quite Literally, Our Job”: Moore v. Harper and the Fragility of Judicial Federalism by Jane S. Schacter; Ranked-List Proportional Representation by Nicholas O. Stephanopoulos; and State Executive Branches Under Moore v. Harper by Quinn Yeargain
Flexibility & Resilience are Essential Legal Skills
The legal profession is facing an era of change driven by technological
advancements, environmental crises, shifting client expectations, and
evolving societal norms. This article argues that flexibility and resilience are
not just positive personality traits but essential legal skills that should be
intentionally cultivated in law school curricula. By integrating adaptability
into legal education—through emphasizing the evolving nature of law,
incorporating interdisciplinary approaches, reshaping assessments, and
fostering collaborative learning—law schools can better equip students to
navigate an unpredictable future. Encouraging law students to embrace
flexibility and resilience as a professional skill will not only enhance their
long-term success but also strengthen the legal profession’s ability to lead in
times of transformation.
Volume 2025, No. 1
Due Care in a Conservative Court by Hila Keren; Interpreting Congress by Joshua Ulan Galperin; Venue Diversion by Rosa Hayes; AI and Probabilistic Dispute Resolution by Zachary Henderson; and Failure to Supervise as Municipal Custom by Nancy Leong & Allyson Harris
Academic Limbo: Reforming Campus Speech Governance for Students
This essay examines the structural inequalities in academic freedom protections between faculty and students at private universities, highlighted by the 2023 Gaza-related campus protests. While faculty members enjoy multiple layers of protection through tenure, contracts, and legal precedents, students must rely solely on discretionary university policies interpreted by the administrators who restrict their speech. Through analysis of recent campus conflicts, this essay argues that current frameworks for protecting student academic freedom in private universities are fundamentally inadequate and proposes establishing institutional oversight boards inspired by social media governance models. Unlike temporary committees, these boards would provide consistent, transparent adjudication processes while building precedent for future cases. This essay demonstrates why university implementation of such oversight mechanisms offers distinct advantages over social media models, including manageable case volumes and clearer contextual standards. By creating institutional separation of powers, these reforms would help align administrative actions with stated commitments to academic freedom while maintaining necessary operational control.
NextGen Bar Success: A Student-Tested, Student-Approved Method for Completing Counseling Integrated Question Sets
Legal educators nationwide need to begin teaching students a method for completing Counseling Integrated Question Sets, a novel type of question the National Conference of Bar Examiners (“NCBE”) is introducing on the NextGen bar exam. Counseling Integrated Question Sets require students to answer a series of six multiple choice or short answer questions focused on client counseling or dispute resolution, as they work through an unfolding common fact pattern that also contains rules or elicits rules students have memorized.
Stategraft: Facilitating Predatory Takings by Eminent Domain
The following Case Study is published as part of the continuing conversation from the Wisconsin Law Review’s 2023 Symposium on Stategraft. Download PDF Tanya Washington The concept of stategraft, as described in Professor Atuahene’s groundbreaking article, frames …
Volume 2024, No. 6
Table of Contents Articles The New Glass Ceiling Andrea Kupfer Schneider, Abigail R. Bogli & Hannah L. Chin In every sector of the workforce, there is evidence of gender discrimination, inequality, and bias. Not surprisingly, …
Volume 2024, No. 5
The Role of State Justices in Advancing State Constitutional Law: Some Thoughts from Colorado by Jake Mazeitis & Hon. Melissa Hart; Constitutional and Administrative Innovation Through State Labor Law by Kate Andrias; Single-Subject Rules and the Nature of State Judicial Power by Chad M. Oldfather; Maximizing Disability: The Road to Extractive Federalism by Karen M. Tani; Critical Family Regulation Scholarship by S. Lisa Washington; Chevron’s 51 Imperfect Solutions by Christopher J. Walker & Neena Menon; The State Statutes Project by Neel Guha & Diego A. Zambrano; and Purcell Principles for State Courts by Robert Yablon & Derek Clinger.
Court Reform for Progressives: A Primer on Constitutional Considerations
This brief and basically unannotated essay lays out some constitutional considerations associated with prominent (and some not so prominent) proposals for Supreme Court reform circulating among progressives. The essay has four parts, dealing successively with low-hanging fruit (about which there are few constitutional questions—though not none), statutory term limits including “bells-and-whistles” proposals for accomplishing effective term limits, jurisdiction-stripping, and Court expansion. The conclusion: proposals for Court reform raise rather deep questions about the kind of democratic self-governance system we want to have—as does resistance to such proposals (that is, saying that Court reform is a bad idea raises deep questions about the kind of democratic self-governance system we want to have and which the objector believes to be close to what we actually have).
Volume 2024, No. 4
Getting Help by Kathryne M. Young; New Brandeis’s New Battleground by Jared M. Stehle; Algorithmic Judicial Ethics by Keith Swisher; Recognizing Partial AI Authorship: Toward a More Permissive Copyright Regime by Ryan E. Gooding; The Stars Are (Re)Aligning: Extending Title IX to NCAA Conference Realignment in the NIL Era by Nathan Loayza; Tortious Standard, Torturous Results: Improving the Approach Toward Contributory Conduct Under Wisconsin’s Crime Victim Compensation Statute by Emmerson A. Mirus.