Tribute Eulogy for Justice Sandra Day O’Connor Washington National Cathedral, December 19, 2023 by Chief Justice John G. Roberts, Jr.
California, an Island? by Lincoln L. Davies, Stephanie Lenhart Lincoln L. Davies and Stephanie Lenhart warn that the energy future of the Western United States will be determined by the choices California makes over the next two years. Davies and Lenhart urge California to move towards a regional western electricity market to improve energy efficiency, reliability, and sustainability, and to avoid isolating California’s electricity market. Read Article
The Pardon Power and Federal Sentence-Reduction Motions: A Response to Yost and Flowers by Jaden M. Lessnick In his response to Ohio Attorney General Dave Yost and former Ohio Solicitor General Benjamin Flowers, Jaden Lessnick argues that the federal sentence-reduction statute (18 U.S.C. § 3582(c)(1)(A)) is not preempted by the presidential pardon power. Lessnick contends that the statute does not offend the traditional separation-of-powers principle, and preemption is not justified under the unitary executive theory. Read Article
Alternative Action After SFFA by Kim Forde-Mazrui Prof. Kim Forde-Mazrui of the University of Virginia responds to Sonja Starr’s print Article, The Magnet School Wars and the Future of Colorblindness. Forde-Mazrui argues that even if courts adopt the “ends-colorblindness” framework described by Starr, “alternative action” policies meant to promote diversity may still be constitutionally permissible. Read Article
The Making of the A2J Crisis by Nora Freeman Engstrom & David Freeman Engstrom Access to justice has become a defining legal and political issue. In this Essay, Nora Freeman Engstrom and David Freeman Engstrom work to identify the cause of the Access to Justice Crisis. Read Article
The Criminally Complicated Copyright Questions about Trump’s Mugshot by Cathay Y. N. Smith The mugshot taken of Donald Trump in connection with his Georgia criminal prosecution has become one of the defining political images of the time. In this Essay, Cathay Y. N. Smith discusses who owns the copyright to this iconic photo. Read Article