Volume 111 / Issue 8

Striking the Peremptory Strike: Why There Is No Freestanding Constitutional Entitlement to Peremptory Challenges

The peremptory challenge—used by parties to remove prospective jurors without the need to provide a reason—has become one of the most controversial features of the modern American jury system. Despite Batson v. Kentucky’s promise to prohibit parties …

Read More
Volume 111 / Issue 8

Oligopoly Squared: Federalism and the New Legal Landscape Tackling the Dark Web of Drug Pricing

The pharmaceutical industry’s billion-dollar practice of inflating drug prices and shielding itself from accountability has brought immense public outcry and inspired a profusion of legal reforms. But the precise dynamics that enable this ongoing …

Read More
Volume 111 / Issue 8

Section 1981 as Contract Law

A civil rights secret hides in plain sight: a federal antidiscrimination statute, 42 U.S.C. § 1981, expresses foundational rules of contract law in the United States. Originating in the Civil Rights Act of 1866 and amended by the Civil Rights Act of …

Read More
Volume 111 / Issue 8

The Practice of Executive Constitutionalism

The executive branch must inevitably interpret the Constitution. Although departmentalists and judicial supremacists disagree about the scope of the executive’s constitutional authority, few believe the Constitution is only for the courts. But what …

Read More
Volume 111 / Issue 7

Identical, Not Fraternal Twins: RLUIPA, RFRA, and Damages

The federal Religious Land Use and Institutionalized Persons Act (“RLUIPA”) and Religious Freedom Restoration Act (“RFRA”) are commonly labeled “twin” or “sister” statutes. Both reinstall a strict scrutiny regime for religious accommodations, and …

Read More

ONLINE EDITION

Void Judgments and “Reasonable Time”

Rule 60(b) of the Federal Rules of Civil Procedure authorizes federal district courts, “[o]n motion and just terms,” to “relieve a party or its legal representative from a final judgment, order, or proceeding for” certain specified reasons. Rule …

By Ryan C. Williams
111 Va. L. Rev. Online 254

Neo-Brandeis Goes to Washington: A Provisional Assessment of the Biden Administration’s Antitrust Record

In early 2021, a new coterie of trustbusters came to Washington with the stated purpose of radically overhauling the antitrust status quo. The three central figures—Federal Trade Commission (“FTC”) Chair Lina Khan, Department of Justice (“DOJ”) …

By Daniel A. Crane
111 Va. L. Rev. Online 215

Fourth Amendment Trespass and Internet Search History

Browsing the internet is an everyday activity for many Americans. Law enforcement has capitalized on this reality by employing a novel investigative technique: reverse keyword search warrants. Keyword warrants allow investigators to obtain detailed …

By Alec J.H. Block & Joseph W. Paul
111 Va. L. Rev. Online 188
VIEW MORE ONLINE ARTICLES

ANNOUNCEMENTS