Category: Past Issues

Sarah Brunswick “Good God, Joe . . . What the hell is that stuff doing in your water?”–Regional Environmental Protection Agency (EPA) ScientistJoe Kiger’s water bill reported that his drinking water contained low levels of perfluorooctanoic acid (PFOA), but said not…

Adam B. Thimmesch The U.S. federal structure tasks the states with providing many of the critical services on which individuals rely for their basic needs. State fiscal stability is therefore critical to state residents’ health, economic security, and physical safety, especially…

Ric Simmons For over a hundred years, the Supreme Court has employed rhetoric in its Fourth Amendment cases that supports the concept of “home exceptionalism”—that is, the idea that protecting the home is the “very core” of the Fourth Amendment. Two…

Mariana Oliver & Matthew B. Kugler Discussions of surveillance practices within U.S. law enforcement agencies often suggest that police departments have ready access to a wide range of high-tech tools. To date, however, most of the empirical evidence regarding police surveillance…

Kevin Cope, Ilya Somin, & Alexander Stremitzer Does the U.S. Constitution guarantee a right to a vaccine passport? In the United States and elsewhere, vaccine passports have existed for over a century, but became politically divisive as applied to COVID-19. A…

Rebecca Tsosie  I am honored to give the Canby Lecture for 2020, and I thank Patty Ferguson-Bohnee and Kate Rosier for their leadership of the Indian Legal Program and for inviting me today. I’m delighted to return, even in a…

Felix Mormann & Milica Mormann  Capital markets are cast as both villain and hero in the climate playbill. The trillions of dollars required to combat climate change leave ample room for heroics from the financial sector. For the time being,…

Joseph Avery  In 2018, an autonomous Uber vehicle hit and killed a pedestrian. Although  autonomous, the vehicle was not driverless: the onboard artificial intelligence (AI) had handed off control to a safety driver at the last second. “Handed off”—a just-launched…

Alanna Ostby Since 1791, the Constitution of the United States has guarded the rights of the criminal defendant. Those rights include the right to an attorney, the right to a speedy trial, the right to confront witnesses against him—and the…

Gideon Cionelo Maria stood outside her apartment, where she lived with her three youngchildren, scanning the packet of papers just handed to her by the process server. Although each page was littered with words and phrases she did not understand,…