Keeping Sovereign Immunity (Kind of) Simple: Why Courts Should Apply the United States v. Georgia Test Strictly

In this article, JT DeGrinney discusses a recent circuit split between the Ninth Circuit and the First, Third, Fifth, and Tenth Circuits regarding how to apply the United States v. Georgia sovereign immunity abrogation test. DeGrinney argues that courts should reject the Ninth Circuit’s approach in favor of the Tenth Circuit’s approach because it promotes efficiency and proper use of judicial discretion.

May 5, 2025

A Missed Opportunity: Culley v. Marshall and the Struggle for Civil Forfeiture Reform

In this article, Hannah Riggle examines the Supreme Court’s recent decision in Culley v. Marshall and contemplates what the decision signals for civil forfeiture reform moving forward.

April 21, 2025

Gaming the System? How TikTok v. Garland Could Shape the Future of Tencent

In this article, Katerina Fernandez examines how TikTok v. Garland establishes a legal framework that could be applied to Tencent, the Chinese tech giant behind several major gaming platforms. The article explores the national security concerns driving U.S. regulatory scrutiny of foreign-owned digital platforms and the potential constitutional and economic challenges of imposing similar restrictions on Tencent.

March 24, 2025

The Good Faith Exception in the Age of Cell Phones: Ohio’s Approach and What it Signals

In this article, Hannah Riggle explores the Ohio Supreme Court’s recent decision in State v. Schubert, focusing on the analysis that the court conducted to determine that the good faith exception to the exclusionary rule had been incorrectly applied by the trial court.

March 12, 2025

The Ten Commandments in Public Schools: Why a Louisiana Law Violates the Establishment Clause

In this article, Erin Gray discusses Louisiana’s Ten Commandments law and the Middle District of Louisiana’s decision to strike down the law as unconstitutional under the Establishment Clause.

January 20, 2025

Juvenile Plea Agreements

In this article, Kiera Burns describes issues with juvenile plea agreements and the potential solutions that offer a rehabilitative and restorative justice focus.

January 16, 2025

Warrantless Arrest Inside the Home: Constructive Entry Under the Fourth Amendment

In this article, Christian Bugher discusses the current circuit split on whether a constitutional violation occurs when police constructively enter a suspect’s home without a warrant.

December 9, 2024

Sex Designation Amendments: The Rights of Transgender Individuals to Amend Their Birth Certificates

In this article, Erin Gray discusses the recent circuit split over the constitutionality of policies that prohibit transgender individuals from amending sex designations on birth certificates.

December 5, 2024

The Price of Fame: How Inadequacies in Privacy Protections Create Dangerous Situations for Celebrities

In this article, Madisen Zent discusses why the current legal remedies for privacy violations are inadequate for celebrities.

November 28, 2024

Respect My CROWN: The Continued Fight Against Hair Discrimination

Jasmyn Hardin explains how the absence of federal protections for natural and protective hairstyles enables discriminatory grooming policies to persistently function as a means of control and punishment for Black people, leaving them with a difficult choice: conform to White normative standards or suffer the consequences.

November 21, 2024

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