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State Abortion Bans: Pregnancy as a New Form of Coverture

In June, when the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization holding that there was no constitutional right to an abortion, the Court was hasty to disavow any likely political consequences. “We do not pretend …

By Caren Myers Morrison
108 Va. L. Rev. Online 381

The Small and Diversifying Network of Legal Scholars: A Study of Co-Authorship from 1980–2020

This Essay reports the first comprehensive network analysis of legal scholars connected through co-authorship. If legal scholarship was ever a solitary activity, it certainly is not any longer. Co-authorship has become increasingly common over time, …

By Andrew T. Hayashi
108 Va. L. Rev. Online 343

Criminal Violations

Violations of community supervision are major drivers of incarceration. Nearly four million people in the United States are serving terms of probation, parole, or supervised release, and one-third of them are eventually found in violation of a …

By Jacob Schuman
108 Va. L. Rev. 1817

Life or Death: Employing State Constitutional Principles of Proportionality to Combat the Extreme Sentencing of Emerging Adults

The U.S. Supreme Court has repeatedly held that, when facing criminal punishment, juvenile offenders must be treated differently from adults. Because those under the age of eighteen lack maturity, have heightened vulnerability to external influence, …

By Katharine M. Janes
108 Va. L. Rev. 1897

White Injury and Innocence: On the Legal Future of Antiracism Education

In the wake of the “racial reckoning” of 2020, antiracism education attracted intense attention and prompted renewed educator commitments to teach more explicitly about the function, operation, and harm of racism in the United States. The increased …

By Osamudia James
108 Va. L. Rev. 1689

Defining “Substantial Burdens” on Religion and Other Liberties

The U.S. Supreme Court seems poised to restore free exercise exemptions from neutral laws that burden religion. But pivotal Justices have asked how to narrow religious exemptions. This Article proposes answers with wide-ranging implications for the …

By Sherif Girgis
108 Va. L. Rev. 1759

A Silver Lining to Russia’s Sanctions-Busting Clause?

In 2018, Russia began inserting an unusual clause into euro and dollar sovereign bonds, seemingly designed to circumvent future Western sanctions. The clause worked by letting the government pay in roubles if sanctions cut off access to dollar and …

By Michael Bradley, Irving de Lira Salvatierra, W. Mark C. Weidemaier & Mitu Gulati
108 Va. L. Rev. Online 326

On Rawlsian Contractualism and the Private Law

Shifts in academic paradigms are rare. Still, it was not long ago that the values taken to govern the private law were thought to be distinct from the values governing taxation and transfer. This was thought to be true, although for different …

By David Blankfein-Tabachnick & Kevin A. Kordana
108 Va. L. Rev. 1657

The Promise and Perils of Private Enforcement

A new crop of private enforcement suits is sprouting up across the country. These laws permit people to bring enforcement actions against those who aid or induce abortions, against schools that permit transgender students to use bathrooms consistent …

By Luke P. Norris
108 Va. L. Rev. 1483

Incorporation, Fundamental Rights, and the Grand Jury: Hurtado v. California Reconsidered

The U.S. Supreme Court has never held that the Fourteenth Amendment makes the entire Bill of Rights applicable to the states. Instead, it has selectively incorporated against the states those rights that it deems to be fundamental. However, only two …

By Robert W. Frey
108 Va. L. Rev. 1613

Federalism, Private Rights, and Article III Adjudication

This Article sheds new light on the private rights/public rights distinction used by the Supreme Court to assess the extent to which the United States Constitution permits adjudication by a non-Article III federal tribunal. State courts have …

By John M. Golden & Thomas H. Lee
108 Va. L. Rev. 1547

Expedient Imprisonment: How Federal Supervised Release Sentences Violate the Constitution

Each year, more than ten thousand people are imprisoned by federal courts without being charged with a crime, indicted by a grand jury, or found guilty beyond a reasonable doubt by a jury of their peers. Those results are authorized by federal …

By Stefan R. Underhill & Grace E. Powell
108 Va. L. Rev. Online 297

On Rawlsian Contractualism and the Private Law

Shifts in academic paradigms are rare. Still, it was not long ago that the values taken to govern the private law were thought to be distinct from the values governing taxation and transfer. This was thought to be true, although for different …

By David Blankfein-Tabachnick & Kevin A. Kordana
108 Va. L. Rev. Online 265

Circuit Personalities

The U.S. Courts of Appeals do not behave as one; they have developed circuit-specific practices that are passed down from one generation of judges to the next. These different norms and traditions (some written down, others not) exist on a variety …

By Allison Orr Larsen & Neal Devins
108 Va. L. Rev. 1315

Criminal Law Exceptionalism

For over half a century, U.S. prison populations have ballooned, and criminal codes have expanded. In recent years, a growing awareness of mass incarceration and the harms of criminal law across lines of race and class has led to a backlash of …

By Benjamin Levin
108 Va. L. Rev. 1381

A Third-Party Beneficiary Theory of Corporate Liability for Labor Violations in International Supply Chains

Large multinational corporations (“MNCs”) profit off their suppliers’ maintenance of sweatshop conditions in developing countries. Although some companies have responded to reputational pressure by taking nominal steps to improve working conditions, …

By Abigail N. Burke
108 Va. L. Rev. 1449

On Lenity: What Justice Gorsuch Didn’t Say

Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War …

By Brandon Hasbrouck
108 Va. L. Rev. 1289

The Common Law of Interpretation

Courts and commentators have claimed that there is no methodological stare decisis. That is, the Supreme Court’s decision to use purposivism or textualism to interpret a legal text in one case is not binding in future cases. While a contrarian …

By Christopher J. Baldacci
108 Va. L. Rev. 1243

Stakeholderism, Corporate Purpose, and Credible Commitment

One of the most significant recent phenomena in corporate governance is the embrace, by some of the most influential actors in the corporate community, of the view that corporations should be focused on furthering the interests of all corporate …

By Lisa M. Fairfax
108 Va. L. Rev. 1163

Debunking the Nondelegation Doctrine for State Regulation of Federal Elections

One objection to the conduct of the 2020 election concerned the key role played by state executives in setting election rules. Governors and elections officials intervened to change a host of regulations, from ballot deadlines to polling times, …

By Mark S. Krass
108 Va. L. Rev. 1091