Volume 110 / Issue 4

The Impermissibility of Sex as a Voter Qualification

Election officials across the country are turning away voters when they perceive a mismatch between the sex listed on the voter’s identification and the voter’s gender presentation. The problem is particularly acute for transgender and gender …

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Volume 110 / Issue 4

Importance and Interpretive Questions

In its October 2021 Term, the Supreme Court formalized what it calls the major questions doctrine. The doctrine, as currently formulated, appears to require a clear and specific statement from Congress if Congress intends to delegate questions of …

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Volume 110 / Issue 4

Sacred Easements

In the last forty years, Native American faith communities have struggled to protect their sacred sites using religious liberty law. When confronting threats to sacred lands, Native Americans stridently assert constitutional and statutory free …

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Volume 110 / Issue 3

A Response to David Blankfein-Tabachnick & Kevin A. Kordana, On Rawlsian Contractualism and the Private Law

In their 2022 essay, David Blankfein-Tabachnick and Kevin Kordana reaffirm and further develop their long-standing position that John Rawls’s principles of justice, including the difference principle, should apply to determine and interpret private …

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Volume 110 / Issue 3

Free Exercise Claims Over Indigenous Sacred Sites: Justice Long Overdue

This Note argues for a change in the Supreme Court’s treatment of free exercise claims over Indigenous sacred sites. First, this Note reasons that, in Lyng v. Northwest Indian Cemetery Protective Ass’n, the Court set an impossibly high standard for …

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20/20 Hindsight and Looking Ahead: The Vision of the Five Eyes and What’s Next in the “Going Dark” Debate

The so-called “encryption debate” made national headlines in 2016 after Apple Inc. (“Apple”) declined to enable the Federal Bureau of Investigation (“FBI” or “the Bureau”) to unlock an iPhone recovered from one of the shooters involved in a …

By Hayley S. Brower & Daniel S. McCray
110 Va. L. Rev. Online 70

Cyber Vulnerabilities as Trade Secrets

Can a cybersecurity vulnerability—like a bug in code or a backdoor into a system—be a trade secret? Claiming a flaw as a trade secret may sound strange. Usually, talk of trade secrets conjures up images of scientists in laboratories or complex …

By Samantha L. Blond
110 Va. L. Rev. Online 52

One Year Post-Bruen: An Empirical Assessment

In the year after New York State Rifle & Pistol Association v. Bruen, a steady stream of highly publicized opinions struck down a wide range of previously upheld gun restrictions. Courts declared unconstitutional policies ranging from assault weapon …

By Eric Ruben, Rosanna Smart & Ali Rowhani-Rahbar
110 Va. L. Rev. Online 20