Volume 107 / Issue 2

The Origins of Accommodation: Free Exercise, Disestablishment, and the Legend of Small Government

In 1813, Father Anthony Kohlmann, rector of St. Peter’s Church in New York City, found himself between a rock and a hard place. One of his parishioners, James Keating, had reported a theft of jewelry to the police. Later, Keating withdrew his …

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Volume 107 / Issue 2

Vagueness Attacks on Searches and Seizures

The void-for-vagueness doctrine promises to promote the rule of law by ensuring that crimes are defined with sufficient definiteness to preclude indefensible and unpredictable applications. But the doctrine fails to fulfill that promise with respect …

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Volume 107 / Issue 2

Nondelegation and Criminal Law

Although the Constitution confers the legislative power on Congress, Congress does not make most laws. Instead, Congress delegates the power to make laws to administrative agencies. The Supreme Court has adopted a permissive stance towards these …

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Volume 107 / Issue 2

The Corrective Justice Theory of Punishment

The American penal system is racist, degrading, and inefficient. Nonetheless, we cannot give up on punishment entirely, for social peace and cooperation depend on the deterrent threat of the criminal sanction. The question—central to determining the …

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ONLINE EDITION

Foreword

If a foreword were to be limited to one word, and one word only, this foreword’s one word would be joy. It is a joy to introduce to you a diverse group of authors and their writings on the past, present, and future of a social justice movement that …

By Anne M. Coughlin
107 Va. L. Rev. Online 1

Bostock’s Inclusive Queer Frame

Bostock v. Clayton County is the Supreme Court’s first major decision on gay rights written since Justice Kennedy’s retirement. It is a victory for the LGBT community—a momentous one. But this Essay argues that Bostock is even more momentous than …

By Rachel Slepoi
107 Va. L. Rev. Online 67

Termites in the Master’s House: Abortion Rap and Florynce Kennedy’s Contributions to Racial and Gender Justice

Contemporaries recognized Kennedy as “an outspoken activist for the rights of African Americans, women, sex workers, and members of the LGBT community.” In this way, Kennedy united social movements with divergent agendas. She believed that only …

By Hayley Hahn
107 Va. L. Rev. Online 48
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