Volume 112 / Issue 6

On Standing, Sovereignty, and Constitutional Awkwardness

Federal courts have embraced sovereign standing as a vehicle for resolving high-stakes disputes between state governments and the federal executive. And the states have increasingly availed themselves of this powerful doctrine, alleging in federal …

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Volume 112 / Issue 6

Corporate Value(s)

Values have always been a part of corporate operations, but they are particularly salient today. Corporate values now weigh heavily in consumer, employee, and shareholder choices, so much so that misaligned values can make or break companies. Some …

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Volume 112 / Issue 6

Brady’s Shadow

Scholars have spent sixty years documenting Brady v. Maryland’s failures—its materiality standard that licenses suppression of exculpatory evidence, its abandonment of defendants who plead guilty, its toothless enforcement. Yet these same critics …

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Volume 112

Unequal Enforcement of the Equal Time Rule: Late Night, Talk Radio, and the News Interview Exemption

It is rare for the head of a regulatory agency like the Federal Communications Commission (“FCC”) to emerge as a central figure in popular and political discourse. But in his short time as FCC chair, Brendan Carr—through his public criticism of …

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Volume 112 / Issue 5

The Indian Treaty Power

Federal Indian law is experiencing a crisis of faith. In United States v. Kagama, decided 140 years ago, the Supreme Court granted Congress a “plenary” power over Indian affairs, rooted not in the Constitution, but rather in a paternalistic duty to …

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ONLINE EDITION

Unequal Enforcement of the Equal Time Rule: Late Night, Talk Radio, and the News Interview Exemption

It is rare for the head of a regulatory agency like the Federal Communications Commission (“FCC”) to emerge as a central figure in popular and political discourse. But in his short time as FCC chair, Brendan Carr—through his public criticism of …

By Christopher Terry & Erik Ugland
112 Va. L. Rev. Online 162

Schauer’s Free Speech Comparativism

It is a great honour to make this contribution about Frederick Schauer. I am especially pleased that I can give voice to the many Australian scholars who had the pleasure of meeting and working with him and those who were influenced by his work..

By Adrienne Stone
112 Va. L. Rev. Online 99

Constitutional Acceptance in a Polarized Era

Frederick Schauer left an indelible mark on my thinking and my life. One of the most special aspects of his work, to my mind, was his exploration of the nonconstitutional grounds of constitutional law. The idea of Fred’s that has captivated me more …

By Amanda Shanor
112 Va. L. Rev. Online 86
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