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The New Gatekeepers: Private Firms as Public Enforcers

The world’s largest businesses must routinely police other businesses. By public mandate, Facebook monitors app developers’ privacy safeguards, Citibank audits call centers for deceptive sales practices, and Exxon reviews offshore oil platforms’ …

By Rory Van Loo
106 Va. L. Rev. 467

Congressional Administration of Foreign Affairs

Longstanding debates over the allocation of foreign affairs power between Congress and the President have reached a stalemate. Wherever the formal line between Congress and the President’s powers is drawn, it is well established that, as a …

By Rebecca Ingber
106 Va. L. Rev. 395


Ever since the late 1960s, many lower federal courts have interpreted the Federal Rules of Civil Procedure to give outsiders broad rights to become parties to pending lawsuits. Intervention of this sort affects the dynamics of a lot of cases, …

By Caleb Nelson
106 Va. L. Rev. 271

Bound Electors

In a decision hailed as “a masterpiece of historical analysis and originalist reasoning,” the Tenth Circuit recently held that the Constitution prevents a state from binding its presidential electors to vote for the winner of the state’s popular …

By John Vlahoplus
106 Va. L. Rev. Online 1

Colorado River Abstention: A Practical Reassessment

When duplicative civil suits proceed simultaneously in both state and federal court, a waste of resources is bound to occur. Nevertheless, the Supreme Court has maintained that federal courts must typically retain jurisdiction over such concurrent …

By Owen W. Gallogly
106 Va. L. Rev. 199

Statutory Federalism and Criminal Law

Federal law regularly incorporates state law as its own. And it often does so dynamically so that future changes to state laws affect how federal law will apply. For example, federal law protects against deprivations of property, but states largely …

By Joshua M. Divine
106 Va. L. Rev. 127

Historical Gloss, Madisonian Liquidation, and the Originalism Debate

The U.S. Constitution is old, relatively brief, and very difficult to amend. In its original form, the Constitution was primarily a framework for a new national government, and for 230 years the national government has operated under that framework …

By Curtis A. Bradley & Neil S. Siegel
106 Va. L. Rev. 1

Rejoining Treaties

Historical practice supports the conclusion that the President can unilaterally withdraw the United States from treaties which an earlier President joined with the advice and consent of two-thirds of the Senate, at least as long as this withdrawal …

By Jean Galbraith
106 Va. L. Rev. 73

The Miseducation of Free Speech

By Mary Anne Franks
105 Va. L. Rev. Online 218

Walking Out the Schoolhouse Gates

By Anna Cecile Pepper
105 Va. L. Rev. Online 198

Fill in the Blank: Compelling Student Speech on Religion

By Manal Cheema
105 Va. L. Rev. Online 175

The Great Unfulfilled Promise of Tinker

By Mary-Rose Papandrea
105 Va. L. Rev. Online 159

Foreword: Tinker at 50

By Leslie Kendrick
105 Va. L. Rev. Online 155

Unshackling the Due Process Rights of Asylum-Seekers

By Sara DeStefano
105 Va. L. Rev. 1667

Speech Across Borders

By Jennifer Daskal
105 Va. L. Rev. 1605

Federalism, Metropolitanism, and the Problem of States

By Richard C. Schragger
105 Va. L. Rev. 1537

What is Just Compensation?

By Wanling Su
105 Va. L. Rev. 1483

A Remedy but Not a Cure: Reevaluating the Status of the Booker Remedial Holding

By Brendan Woods
105 Va. L. Rev. 1427

Genetic Privacy After Carpenter

By Natalie Ram
105 Va. L. Rev. 1357

Appointments Without Law

By James Durling & E. Garrett West
105 Va. L. Rev. 1281