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Category: Issue 2

Article

Jurisdictional Elements and the Jury

G. Alexander Nunn, Assistant Professor of Law, University of Arkansas School of Law

Do jurisdictional elements in criminal statutes actually matter? Of course, formally, the answer is obvious; jurisdictional elements are of paramount importance. In fact, they often serve as the entire justifying basis for a federal (rather than state) criminal prosecution. But beyond mere technicalities, do jurisdictional elements actually make a difference in a jury deliberation room?…

Apr 2022

Article

Systematically Important Platforms

Caleb N. Griffin, Assistant Professor, University of Arkansas School of Law

Regulating Big Tech is now a matter of intense public debate. We ask how well Big Tech companies fulfill their role as gatekeepers of the public square. We ponder whether their dominant market positions merit an antitrust response. We assess their culpability and complicity in spreading online misinformation and hate. However, in the many normative…

Apr 2022

Article

Deregulated Redistricting

Travis Crum, Associate Professor of Law, Washington University in St. Louis

From the civil rights movement through the Obama administration, each successive redistricting cycle involved ever greater regulation of the mapmaking process. But in the past decade, the Supreme Court has rewritten the ground rules for redistricting. For the first time in fifty years, Southern States will redistrict free of the pre clearance process that long…

Apr 2022

Note

Policing the Police Under 42 U.S.C. § 1983: Rethinking Monell to Impose Municipal Liability on the Basis of Respondeat Superior

Jordyn Manly, J.D. Candidate, Cornell Law School, 2022

The callous murders of George Floyd and Breonna Taylor at the hands of police in 2020 sparked nationwide protests surrounding racial injustice and ignited calls to “defund thepolice.” But while technological advances have led to a rise in highly publicized instances of such injustices, police brutality and misconduct are not novel concepts. Indeed, police misconduct…

Apr 2022

Note

America, Land of the Fee: A Constitutional Analysis of Federal Filing Fees

Marissa Smith, B.S., University of Texas at Austin, 2017; J.D., Cornell Law School, 2022

This Note will examine the Fee’s [the first hurdle for litigants taking their claims to federal court: the $402 fee charged at filing] impact on those of low-to-moderate income that are ineligible for IFP status. Further, this Note will look at the disproportionate impact the Fee has on racial minorities. This Note will then argue…

Apr 2022