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 …

Read More
Volume 111 / Issue 3

Solitary Confinement, Human Dignity, and the Eighth Amendment

The harms of solitary confinement have been well-documented for centuries, yet the practice persists. Despite recent efforts to reform the use of solitary confinement in certain states and localities, over 120,000 people remain confined in solitary …

Read More
Volume 111 / Issue 3

An Alternative to Constraining Judges with Constitutional Theories: The Internal Goods Approach

Concerns about judges using their own personal moral beliefs in deciding cases, the difficulty in weighing competing moral principles in America’s liberal and pluralist society, and concerns about judges reaching an opinion under only the guise of …

Read More
Volume 111 / Issue 3

Abortion’s New Criminalization—A History-and-Tradition Right to Health-Care Access After Dobbs

Since Dobbs v. Jackson Women’s Health Organization reversed Roe v. Wade as contrary to the nation’s history and traditions, efforts to ban abortion appear as calls for a return to tradition. But criminalization after Dobbs is not a return to the …

Read More
Volume 111 / Issue 3

The Radical Fair Housing Act

This Article uncovers the radical logic at the core of the Fair Housing Act (“FHA”). It is a law which can question and remake the underlying structure of housing markets, not just police individual transactions within those markets. The FHA is …

Read More

ONLINE EDITION

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

Medicaid Act Protections for Gender-Affirming Care

As of June 2024, ten states explicitly and categorically exclude coverage of gender-affirming care (“GAC”) for transgender Medicaid beneficiaries of all ages. Another two states exclude coverage for transgender minor beneficiaries but presumably …

By Katherine Wood
111 Va. L. Rev. Online 82
VIEW MORE ONLINE ARTICLES

ANNOUNCEMENTS