Volume 111 / Issue 4

The Right Thing in the Wrong Place? Unstable Dicta and Aesthetics’ Gradual Incursion into the Traditional Police Power Justifications

Aesthetic regulation is fast becoming a pervasive feature of many cities’ and states’ zoning regimes. While aesthetics are often used in conjunction with other justifications for zoning—itself an exercise of the well-recognized but somewhat …

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Volume 111 / Issue 4

Political Mootness

Congress and the executive have engaged in major clashes over the scope of their powers, particularly involving Congress’s subpoena power and power of the purse. In the last two decades, none of these disputes with the government represented on both …

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Volume 111 / Issue 4

Antitrust’s Interdependence Paradox

Price-fixing conspiracies are the “supreme evil” that Congress intended antitrust laws to deter and to punish. Because price fixers face ten-year prison sentences, criminal fines, and private liability often measured in the hundreds of millions of …

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Volume 111

Free Speech as White Privilege: Racialization, Suppression, and the Palestine Exception

Free speech is under siege. This is not to say that all speakers and viewpoints are at equal risk—some voices receive support and protection, while others are subject to threats and suppression. Pro-Palestinian speech falls into the latter category. …

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Volume 111 / Issue 3

The Unenumerated Power

Scholars and courts have long viewed unenumerated powers and rights as constitutionally dubious. This skepticism has produced far-ranging effects: most recently, it has undergirded the Supreme Court’s invalidation of privacy rights. Many others have …

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ONLINE EDITION

Free Speech as White Privilege: Racialization, Suppression, and the Palestine Exception

Free speech is under siege. This is not to say that all speakers and viewpoints are at equal risk—some voices receive support and protection, while others are subject to threats and suppression. Pro-Palestinian speech falls into the latter category. …

By René Reyes
111 Va. L. Rev. Online 166

Judicial Review of Emergency Powers in Banking and Financial Regulation

Banking and finance are arcane industries that often elude popular understanding, so courts, Congress, and the American public have largely delegated their regulation to federal agencies with considerable decision-making autonomy, affecting …

By Samer R. Saffarini
111 Va. L. Rev. Online 134

Victory: How a Lawyer, a Minister, and Twenty Professional Football Players Helped End Segregation in Virginia and Professional Sports

As Chapman Law Dean Matthew Parlow has noted, “[a]thletes in professional sports have long sought to use their platforms as celebrities to bring greater societal awareness to issues of social justice and racial inequality.” One of the clearest …

By Alex B. Long
111 Va. L. Rev. Online 109
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