Vol. 134, Issue 8 is live! With Articles by @oonahathaway (@YaleLawSch), @AzmatZahra (@columbiajourn, @nytimes) & @MaraRevkin (@DukeLaw), & by @jdssound; a Feature by Judge Guido Calabresi; and two Notes, by @MatthewJSBuck (@YaleLawSch ’24), & by @seegracie (@YaleLawSch ’25).

In her Note, @seegracie uncovers the history of how the BYU Police Department blurred the boundaries between criminal law and church doctrine, using students as undercover agents to target morals offenses—a cautionary tale as religiously affiliated policing spreads nationwide.

In his Note, @MatthewJSBuck argues that both the railroad industry’s financial success and its operational shortcomings are legacies of deregulation in the 1970s and 1980s. He considers alternatives, some old and some new, to ensure a resilient, expansive rail network.

In his Feature, Judge Calabresi argues that constitutionally unenumerated yet nonetheless fundamental rights require judicial protection, but only from unequal infringements. He explores a novel proposal to provide these rights with judicial safeguards.

In his Article, @jdssound explores the extensive written and unwritten barriers to evidence gathering in prison for incarcerated plaintiffs. Through a 200-case study, he reveals courts’ central role in both perpetuating—and potentially resolving—the prison discovery crisis.

In their Article, @oonahathaway, @AzmatZahra, and @MaraRevkin draw on an original dataset of the U.S. military’s airstrike reports and ground reporting in Iraq and Syria to illustrate how targeting “dual-use objects” has undermined critical legal protections for civilians.

With our summer submissions cycle opening soon, we are thrilled to host a webinar discussing tips for successful submissions. The webinar will be held on July 3 at 7:30 p.m. ET. Please register and submit questions in advance at We hope to see you there!.

Our submissions portal for Articles & Essays will reopen at 12 a.m. on July 18. We look forward to reading your submissions this summer!. And in other news, come follow us on Bluesky at .

In Forum, Gilda R. Daniels explores how the Supreme Court has eroded voting rights and weakened democracy:

In Forum, Ifetayo Harvey, Jennifer D. Oliva, Mason Marks, Taleed El-Sabawi, and Sarah Katz analyze the legal, social, and political dimensions of drug decriminalization in the context of current debates:

In her Note, Alyssa Resar tracks the global rise of protective-principle jurisdiction, as aggressive applications of the principle threaten states and individuals. She provides a reformulation of the principle to better cabin it within foundational doctrines of international law.

In their Review, @BennettCapers and @BellinJ supplement and critique David Pozen’s new book "The Constitution of the War on Drugs," situating his findings within a broad backdrop of race, crime, and the judiciary’s eagerness to just say “yes” to the drug war.

In his Feature, @rickhasen describes and analyzes the stagnation and retrogression of election-law doctrine, politics, and theory. He explores how to transform election law in a pro-voter direction that is grounded in political equality to further five principles.

In her Essay, @natalyashnitser explains how the retirement security of American workers is increasingly linked to collective investment trusts (CITs), exploring the trade-offs associated with CITs as investment funds and as institutional investors.

In their Article, @Ido_Katri & @Maayan_Sudai provide a comprehensive legal analysis of gender-affirming-care bans, concluding that their internally inconsistent treatment of trans-affirming care renders them irrational and thus unconstitutional under even rational-basis review.

Vol. 134, Issue 5 is live! With an Article by @Ido_Katri (@TelAvivUni) & @Maayan_Sudai (@UofHaifa); Essay by @natalyashnitser (@BCLAW); Feature by @rickhasen (@UCLA_Law); Review by @BennettCapers (@FordhamLawNYC) & @BellinJ (@WMLawSchool); & Note by Alyssa Resar (@YaleLawSch ’25)

In Forum, Drew Simshaw, Ronald M. Levin, Lisa R. Pruitt, Jennifer Sherman, Jennifer Schwartz, and Judge Stephanos Bibas illuminate how procedural reform and technological integration might enhance fairness and responsiveness across diverse legal contexts:

A final reminder that Volume 135 will be closing its submission portal for Articles & Essays tonight at 9 p.m. ET. We will announce dates for our summer cycle soon.

In Forum, Ellen M. Bublick and Jane R. Bambauer contend that the common law has expanded, and should continue to expand, the civil legal rights of wrongfully injured people, including police officers:

In Forum, Brian Liu, Avital Fried, and Adam Horn explore a range of timely criminal-law matters, including honest services fraud, racial discrimination in jury selection, and habeas corpus: