In this blog, author Collin Derrig discusses the Trump Administration’s January 2025 memorandum rescinding protections from immigration enforcement activities in “sensitive locations” such as houses of worship. The blog focuses on the constitutionality of the policy as applied to houses of worship under the First Amendment right to freedom of expressive association.
Joanna Swaiss analyzes Ohio’s proposed Holly Act and its implications for bail reform and pretrial detention. She argues that the Act’s categorical, offense-based restrictions are both constitutionally problematic and practically ineffective, as they risk sweeping in low-risk defendants while failing to identify individuals who pose genuine threats to public safety. She advocates for a more measured, evidence-driven framework centered on individualized risk assessments, judicial discretion, and reduced reliance on wealth-based detention.
In this Article, Mofe Koya examines how systemic medical neglect of pregnant women in state jails raises serious Eighth Amendment concerns. She further explains how inadequate medical care and the absence of federal standards that require a minimum level of prenatal care during incarceration have transformed pregnancy in custody into cruel and unusual and therefore unconstitutional punishment.
Jack Frischen examines how climate change escalation could strain existing U.S. environmental law and emergency powers, raising the risk of expanded federal control if meaningful reform is delayed. He argues that strengthening environmental regulation is essential to safeguard democratic governance and prevent crisis-driven overreach.
Maggie Traubert explores how San Antonio Independent School District v. Rodriguez reshaped the constitutional landscape of public education by declining to recognize education as a fundamental right and permitting funding disparities based on local property wealth. The article traces the historical commitment to educational equality from early American ideals through Brown v. Board of Education, and argues that Rodriguez marked a retreat from those principles. The result is a system in which educational opportunity remains closely tied to wealth, with enduring consequences for equity and access.
Nathan Steineker analyzes a public pension fund policy permitting the revocation of a retiree’s benefits based on conduct that may raise concerns under the First and Fourteenth Amendments.
Jack Frischen examines the Trump Administration’s involvement with CBS Broadcasting and how it likely amounts to intentional censorship of their competing views by use of antiquated laws and bullying tactics
Josh Smith explores the growing tension between presidential self-promotion and the law governing America’s public lands. Using the Trump Administration’s placement of presidential imagery on national park passes as a case study, this Article analyzes whether politicizing public lands exceeds statutory authority and erodes the constitutional norm of politically neutral governance.
Maggie Traubert explores how recent state efforts to expand youth employment create conflicts with federal child labor laws, leaving businesses uncertain of the law and young workers potentially at risk of abuse. The article examines how state child labor statutes disrupt the cooperative federalism model, function as “zombie laws,” exploit enforcement gaps, and impose asymmetric legal burdens on businesses.
Andrew Pyles discusses the new Small Business Administration’s Interim final rule preempting local laws in California that govern rebuilding after the 2025 Los Angeles wildfires. It analyzes whether, under the Supremacy Clause and the framework articulated in Arizona v. United States, federal agencies are permitted to preempt local land-use laws in the absence of a congressional directive.
