We, the Watchers by Bennett Capers; Family Policing as Welfare Theatre by Tarek Z. Ismail; Civil Death by a Thousand Cuts by Eisha Jain; Surveillance Architectures by Arti Walker-Peddakotla.
No Third Term: Rejecting the Nonconsecutive Loophole
The text of the Twenty-Second Amendment seems clear that a president cannot be elected to a third term: “No person shall be elected to the office of the President more than twice.” This Essay looks further to the history surrounding the Twenty-Second Amendment, an exercise sometimes employed by judges, particularly those who favor the constitutional interpretive method of originalism. History shows that a president cannot be elected to a third term on the theory that the previous terms were nonconsecutive.
Volume 2026, No. 1
Contract Law and Civil Justice in Local Courts by Cathy Hwang & Justin Weinstein-Tull; Preempting Drug Price Reform by Shweta Kumar; Lessons Learned? COVID’s Continued Impact on Remote Work Disability Accommodations by D’Andra Millsap Shu; Unbundling AI Openness by Parth Nobel, Alan Z. Rozenshtein & Chinmayi Sharma.
Volume 2025, No. 6
Adjudicating De Facto Parentage by Stephanie L. Tang; Behind the Bench: Unmasking the Judicial Role in North America’s Prolonged Access to Justice Crisis by Brajesh Ranjan; Abuse Victims Are Not Sleeping Away Their Day in Court: Claim Preclusion and Wisconsin Abuse Injunctions by Irene L. Evans; Get Sober or Go to Jail: Rethinking Sobriety Restrictions for Pretrial Release by Greer C. Gentges; Your Kid, Your Crime: Wisconsin Laws Can Place Parents on Trial for Their Child’s Mass School Shooting by Casey H. Needham; Out with the Old and In with the New: A Review of the Latest Revisions of the Seventh Circuit’s Accomplice Liability Jury Instructions by Stephanie Simon; “Eyes-Open” Textualism: Wisconsin’s Latest Interpretive Paradigm by Benjamin S. Willstein; United States v. Brewbaker: Just How Per Se Is the Per Se Rule in Criminal Antitrust Enforcement? by Emma Dzwierzynski; News of the School 2025
Volume 2025, No. 5
Foreword by Miriam Seifter, Robert Yablon & Bree Grossi Wilde; The Next Chapter in Health Care Federalism: Expanding Medicaid from the Ground Up by Michelle Wilde Anderson & Lina Volin; Local Government Standing as State Standing by Katharine Cooney & Katherine Mims Crocker; State Constitutions and the Right to Gender Autonomy by Katie Eyer; Problems of Compliance in Election Law by Lisa Manheim; History and Tradition in Constitutional Interpretation: Resistance in the States by Serena Mayeri; Lockstepping Structure by Darrell A. H. Miller; Tort Logics for State Constitutional Injuries by Sarah L. Swan
Volume 2025, No. 4
How Not to Democratize Algorithms by Ngozi Okidegbe; Missing Children Discrimination by Itay Ravid & Tanisha Brown; Justifications for Fair Uses by Pamela Samuelson; Section Three of the Fourteenth Amendment from the Perspective of Section Two of the Fourteenth Amendment by Mark A. Graber; Securities & Exchange Commission v. Jarkesy and the Demise of the Public Rights Doctrine by Jacob J. Kruchten; An Unrealized Opportunity: What Moore v. United States Means for the Existence of a Constitutional Realization Requirement for Income Taxation by Shane McAllister Conley
Pocket Constitutions: America’s Founding Document in Small Print
For a document that is usually found behind glass casing in museums and galleries, many have taken advantage of the ability to carry it in their purse, wallet—or better yet—their pocket. The US Constitution is one of the oldest and shortest constitutions in the world. This brevity comes with significant advantages: it is easily accessible, it could be read before your coffee gets cold, and it could also be mass produced on a large scale. Indeed, as the insights, commentary, and controversies regarding the American Constitution continue to get larger and more sophisticated in the 21st century, this brief 18th century text seems more relevant than ever. But in part, this renaissance is coming in pocket form through the mass production and distribution of pocket US Constitutions.
Executive Branch Forum Shopping
Courts agree that the federal government may not seize a person in the United States and immediately ship them off to a prison in another country without providing any opportunity for judicial review. But this basic constitutional rule has proven difficult to enforce in court. The challenge comes not only from a defiant Executive Branch, secret orders, and midnight transfers, but also defense-side agency forum shopping. As soon as the Supreme Court held that challenges to designation and removal under the Alien Enemies Act must be brought in the district of confinement, the federal government moved detainees away from districts issuing protective orders to districts that have declined to act, necessitating a dramatic late-night intervention from the Supreme Court. This story is an especially vivid example of defense-side Executive Branch forum shopping, a phenomenon that has gone largely unnoticed and unstudied.
Volume 2025, No. 3
Tax Sheltering Death Care by Victoria J. Haneman; Menstrual Justice After Dobbs by Margaret E. Johnson; Scrutinizing Succession by Carrie Stanton; The Neutral Criteria Myth by James Piltch; and Wisconsin’s Ideal Affirmative Defense Standard for Human Sex Trafficking Survivors by Courtney S. Steffens.
Volume 2025, No. 2
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