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Unequal State Sovereignty: Considering the Equal State Sovereignty Principle Through Nineteenth-Century Election Laws by Zachary Newkirk†

Introduction The equal state sovereignty principle may be “our historic tradition,” but it is an ill-defined, unexplored, and ambiguous one. In Shelby County v. Holder, the Supreme Court invalidated Section 4(b) of the Voting Rights Act (“VRA”) as a violation of the “fundamental principle of equal sovereignty.” Section 4(b) contained a formula that required some… Continue reading Unequal State Sovereignty: Considering the Equal State Sovereignty Principle Through Nineteenth-Century Election Laws by Zachary Newkirk†

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The Origins of War Manifestos by Oona A. Hathaway, William S. Holste, Scott J. Shapiro, Jacqueline Van De Velde, and Lisa Wang Lachowicz

Our recent article, War Manifestos, was the first work of legal scholarship to examine the documents that set out the legal reasons sovereigns provided for going to war from the late fifteenth century until the mid-twentieth century. The article described these “war manifestos” and explored their history and evolution over the course of five centuries.… Continue reading The Origins of War Manifestos by Oona A. Hathaway, William S. Holste, Scott J. Shapiro, Jacqueline Van De Velde, and Lisa Wang Lachowicz

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How Probable is “Plausible”? by Daniel A. Epstein

See Mr. Epstein's article in the Online Journal here The federal pleading threshold is probably the most confronted, least understood, threshold in American law. We know that to survive a Rule 12(b)(6) motion to dismiss in the post-Twombly and -Iqbal world, a pleading must state a claim to relief that is “plausible” on its face.… Continue reading How Probable is “Plausible”? by Daniel A. Epstein

Podcast

Briefly 3.2 – How to Save a Constitutional Democracy

This is Briefly, a production of the University of Chicago Law Review. Today we're discussing the global trend of democratic backsliding with Professor Aziz Huq and Professor Tom Ginsburg of the University of Chicago Law School. Professors Ginsburg and Huq have recently written the book, "How to Save a Constitutional Democracy," on that subject. Music… Continue reading Briefly 3.2 – How to Save a Constitutional Democracy

Podcast

Briefly 2.8 – Solving the Privacy Paradox

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing some legal concerns related to the collection and use, or misuse, of personal data. Today’s podcast features interviews with Professor Lior Strahilevitz and Professor Omri Ben-Shahar, from the University of Chicago Law School. This episode was produced by Yosef Schaffel.… Continue reading Briefly 2.8 – Solving the Privacy Paradox

Podcast

Briefly 2.7 – Bureaucratic Resistance

https://soundcloud.com/uchilrev/bureaucratic-resistance Bureaucratic resistance occurs when civil servants disobey the orders of elected officials and political appointees. Some kind of bureaucratic shirking is inevitable in modern government, but bureaucratic resistance has been uniquely public during the first two years of the Trump administration. Today we're joined today by Jennifer Nou, Professor of Law at the University… Continue reading Briefly 2.7 – Bureaucratic Resistance