Read Full Article (PDF) Across the United States, dozens of state supreme courts choose to interpret their state constitutions as co-extensive, or in “lockstep” with analogous provisions of the Constitution of the United States.Yet since the Supreme Court overruled or...
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Anti-Death Penalty Advocacy in a Time of Resurgence
Read Full Article (PDF) After a staggering two-decade decline dating back to the turn of the millennium, the American death penalty is experiencing a notable resurgence. Executions in 2025 climbed to their highest mark in over a decade (forty-seven nationwide), more...
Capital Punishment, Crimmigration, and the Necropolitical Agenda Against Noncitizens
Read Full Article (PDF) On January 20, 2025, President Trump signed Executive Order 14164, Restoring the Death Penalty and Protecting Public Safety. This Order directs the Attorney General to seek the death penalty for any “capital crime committed by an alien...
Rethinking Strategies for Abolition: What Juries Are Revealing About the Future of the Death Penalty
Read Full Article (PDF) In 2025, the death penalty experienced a renaissance of sorts. There were forty-seven executions, the highest in over a decade. Capital punishment has expanded from one method of execution to four, adding firing squads, electrocution, and...
Methods of Execution Through an Administrative-Law Lens
Read Full Article (PDF) Different lenses focus on distinct aspects of the same legal problem. Take the death penalty or, more specifically, methods of execution. Through a doctrinal lens, one might ask whether a particular method of execution creates a risk of...
Foreword
Read Full Article (PDF) Corinna Barrett Lain * * George E. Allen Chair in Law, University of Richmond School of Law. Thanks to the University of Richmond Law Review, especially symposium editor Anna Bickley, for the honor of writing this Forward. In the absence of a...
Acknowledgments
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A Terrorist in Death Only: How the Death Penalty Fills the Gap in Federal Terrorism Law
Read Full Article (PDF) In the absence of a federal statute criminalizing domestic terrorism, the United States turned to an unlikely proxy: the death penalty. This Comment argues that capital punishment is used to define domestic terrorism, particularly when...
Under Pressure: Delaware, Corporate America, and Certified Questions
Read Full Article (PDF) With an advanced corporate code and a highly respected Court of Chancery, Delaware has long been America’s home for big business. But its status may be in jeopardy. Within the past year, the Court of Chancery has shattered two market practices...
Friday Night Rights: Ornamental Use in Collegiate Sports Merchandising
Read Full Article (PDF) University logos and insignias—once limited to athletic uniforms and official stationery—now appear on everything from high-end apparel to mass-produced mugs. Collegiate merchandising is a massive industry, generating $14.8 billion in 2023...
Ex Post Transparency: Shattering the One-way Mirror
Read Full Article (PDF) The digital world is becoming a one-way mirror: tech companies gain unprecedented knowledge of individuals who remain ignorant of how companies handle their data. Tech giants have been able to discreetly train their artificial intelligence...
Birthdate Phaseout to a Nicotine Free Generation
Read Full Article (PDF) This Article explores the Nicotine Free Generation (“NFG”) policy, an emerging endgame strategy for tobacco products that employs a completely novel legal design. Tobacco remains the leading cause of preventable death, killing almost half of...
A “Net Metering” Approach to Energize Journalism Powered by Accessible Government Records
Read Full Article (PDF) Government records are fuel for the engine of investigative reporting. Using documents obtained through freedom-of-information requests, journalists regularly expose waste, mismanagement, and corruption across every level of government, from...
More Harm Than Good: Criminal Penalties for Wage Theft
Read Full Article (PDF) Wage theft is a crime.” Workers, their advocates, and even some policymakers have made this declaration repeatedly to emphasize the severity of violations of wage and hour laws. In recent years, this campaign has moved beyond mere rhetoric into...
Acknowledgements
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Ethical Edibles
Read Full Article (PDF) Modern firms acknowledge the advantages in acting ethically. For some time, the goal of shareholder profit maximization has shared the stage with objectives that benefit a broader group of stakeholders. Such benefits can be attractive to not...
Oh Deer: The Elk Court’s Misunderstanding of the Citizenship Clause
Read Full Article (PDF) This Article examines the enduring legacy of Elk v. Wilkins, 112 U.S. 94 (1884), a Supreme Court decision that interpreted the Fourteenth Amendment’s Citizenship Clause to exclude Native Americans from birthright citizenship. By relegating...