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ISSN 2162-4151
Justice Commentaries
July 16, 2025 EDT
EXPLORING THE APPLICATION OF THE CONTRIBUTORY INFRINGEMENT DOCTRINE TO COMBAT SPYWARE MISUSE: A STUDY ON PRIVACY PROTECTION IN THE DIGITAL AGE
Rachel Aridor-Hershkovitz
This Article examines the proliferation of spyware and discusses the contributory infringement doctrine as a means to impose indirect liability on spyware developers for privacy violations facilitated by their spyware.
General
June 23, 2025 EDT
CONTEXT, COMMON SENSE, AND THE MAJOR QUESTIONS DOCTRINE: A RESPONSE TO JUSTICE BARRETT
David M. Driesen

This Essay evaluates Justice Amy Coney Barrett’s invocation of context and common sense in her approach to the major questions doctrine and statutory interpretation.

General
June 13, 2025 EDT
FROM FURRIES TO MAYHEM: THOSE MOST SUSCEPTIBLE TO POLITICAL MISINFORMATION
Kurt A. Webber

Drawing upon social psychology, this Article proposes the systematic study of individuals who were criminally charged in connection with the events at the U.S. Capitol on January 6, 2021.

FREE SPEECH AND DISRUPTIVE CAMPUS PROTESTS Justice Commentaries
May 20, 2025 EDT
FREE SPEECH AND DISRUPTIVE CAMPUS PROTESTS
Charles F. Walker

This Article critiques the “College Free Speech Rankings,” published by the Foundation for Individual Rights and Expression, in the context of widespread pro-Palestinian protests on college campuses.

STATE-SPONSORED SANCTIONS? NEW JERSEY’S UNCONSTITUTIONAL ATTEMPT TO SANCTION RUSSIA AND THE DISTRICT COURT’S FAILURE TO ACT General
March 16, 2025 EDT
STATE-SPONSORED SANCTIONS? NEW JERSEY’S UNCONSTITUTIONAL ATTEMPT TO SANCTION RUSSIA AND THE DISTRICT COURT’S FAILURE TO ACT
Sophia E. Casabonne

This Note discusses a New Jersey law sanctioning Russia amid the Russo-Ukrainian War, preemption issues surrounding that law, and implications of a federal court's decision not to invalidate the law.

LEGALIZING HOMOPHOBIA Justice Commentaries
January 23, 2025 EDT
LEGALIZING HOMOPHOBIA
Vienna J. Ainsworth

This Note discusses the rise of drag bans and ways that the legal system is misused to marginalize members of the LGBTQIA+ community.

State Constitutional Commentary
January 04, 2025 EDT
14th ANNUAL CHIEF JUDGE LAWRENCE H. COOKE STATE CONSTITUTIONAL COMMENTARY SYMPOSIUM: THE EMINENCE AND EXPERIENCE—AND EXHAUSTION—OF BEING NEW YORK’S CHIEF JUDGE
Hon. Rowan WilsonHon. Jonathan LippmanVincent BonventreKanika Johar

Chief Judge Rowan Wilson and former Chief Judge Jonathan Lippman engage in a panel discussion on what it means to oversee New York State's Court of Appeals and court system.

State Constitutional Commentary
December 24, 2024 EDT
AN EXPLORATION OF JUDICIAL SELECTION METHODS OF STATE HIGH COURTS
Hon. Leslie E. SteinJohn KowalChad OldfatherNoah RosenblumDavid Sachar

This Panel examined historical and current judicial selection methods of state supreme courts around the nation, noting the importance state high courts play in upholding democratic ideals.

RECONCILING BRENNANIAN AND BRANDEISIAN LABORATORIES State Constitutional Commentary
December 24, 2024 EDT
RECONCILING BRENNANIAN AND BRANDEISIAN LABORATORIES
Gerald S. Dickinson

This Essay explores state courts as rights expositors/ protectors and democratic agents/representatives and seeks to reconcile the tension, concluding they are in fact harmonious manifestations of Brennanian and Brandeisian ideals.

PARTISAN GERRYMANDERING CASES IN STATE SUPREME COURTS IN THE 2020S REDISTRICTING ROUND State Constitutional Commentary
December 24, 2024 EDT
PARTISAN GERRYMANDERING CASES IN STATE SUPREME COURTS IN THE 2020S REDISTRICTING ROUND
Jonathan CervasBernard GrofmanScott MatsudaJustine Kawa

This Essay examines redistricting lawsuits before state high courts, focusing on partisan gerrymandering cases, an area that has fallen to state courts to police since the 2019 Rucho SCOTUS decision.

TRANSFORMING THE IDEA AND IEPS FROM PIECES OF PAPER TO EFFECTIVE DOCUMENTS Justice Commentaries
December 24, 2024 EDT
TRANSFORMING THE IDEA AND IEPS FROM PIECES OF PAPER TO EFFECTIVE DOCUMENTS
Cooper D. Humpf

This student Comment reviews the historical treatment of people with disabilities, the current IEP process that disadvantages parents/guardians, and proposes an amendment to the IDEA ensuring legal representation for parents/guardians.

DISPLACING CLIMATE PRECARITY Justice Commentaries
December 24, 2024 EDT
DISPLACING CLIMATE PRECARITY
Camila BustosJulia Neusner

This Essay explores how the law identifies climate-displaced people and states’ obligations to protect them, aruging that guaranteeing substantial support for the Loss and Damage Fund is the first step.