Volume 6

ARTICLES

Small Town Police Forces, Other Governmental Entities and the Misapplication of the First Amendment to the Small Group Defamation Theory–A Plea for Fundamental Fairness for Mayberry
David A. Elder

The New Formalism: Requiem for Tiered Scrutiny?
Calvin Massey

22nd ANNUAL EDWARD V. SPARER SYMPOSIUM
TERRORISM AND THE CONSTITUTION: CIVIL LIBERTIES IN A NEW AMERICA

Foreword
Susan J. Feathers and Michael Cooke

Law in a Time of Emergency: States of Exception and the Temptations of 9/11
Kim Lane Scheppele

State and Local Police Enforcement of Immigration Laws
Michael J. Wishnie

Punishment and the War on Terrorism
Carl Tobias

CONSTITUTIONAL DEVELOPMENTS

Locke v. Davey and the “Play in the Joints” Between the Religion Clauses

Groh v. Ramirez, the Warrant Requirement and Qualified Immunity

Barnes v. Gorman and Mercer v. Duke University: The Availability of Punitive Damages in Title IX Litigation

ADDRESS

Skeptisicm and Freedom: The Intellectual Foundations of Our Constitutional Order
Richard A. Epstein

SYMPOSIUM
THE LEGACY OF ROE: THE CONSTITUTION, REPRODUCTIVE RIGHTS, AND FEMINISM

Foreword
Caroline Rogus

Two Steps Forward and One Step Back
Kathryn Kolbert

Roe and Its Global Impact
Naomi Cahn and Anne T. Goldstein

Roe’s Legacy: The Nonconsensual Medical Treatment of Pregnant Women and Implications for Female Citizenship
April L. Cherry

The Global Pattern of U.S. Initiatives Curtailing Women’s Reproductive Rights: A Perspective on the Increasingly Anti-Choice Mosaic
Julia L. Ernst, Laura Katzive, and Erica Smock

Who’s Afraid of Virginia Dare? Confronting Anti-Abortion Terrorism After 9/11
Carol Mason

Mothers’ Dreams: Abortion and the High Price of Motherhood
Joan C. Williams and Shauna L. Shames

ARTICLES

Instructing Juries on Punitive Damages: Due Process Revisited After State Farm
Anthony J. Franze and Sheila B. Scheurman

Federalism, Free Exercise, and Title VII: Reconsidering Reasonable Accommodation
James M. Oleske, Jr.

ESSAY

Why I Still Teach Marbury (And So Should You): A Response to Professor Levinson
Eric J. Segall

Why I Still Won’t Teach Marbury (Except in a Seminar)
Sanford Levinson

COMMENTS

Permission to Pollute: The United States Military, Environmental Damage, and Citizens’ Constitutional Rights
Bridget Dorfman

Why the Eight Circuit Got it Right in International Firefighters: A Spouse’s First Amendment Rights and Standing in the Public Employee Political Arena
Shiloh Napolitan

ARTICLES

The Original Meaning of the Necessary and Proper Clause
Randy E. Barnett

Religious Minorities and the First Amendment: The History, the Doctrine, and the Future
Stephen M. Feldman

Too Close to the Rack and the Screw: Constitutional Constraints on the Torture in the War on Terror
Seth F. Kreimer

Reply:
Torture Without Visibility and Accountability Is Worse Than with It
Alan M. Dershowitz

Surreply:
Constitutional Principles and Collateral Damage
Seth F. Kreimer

COMMENTS

Does New Jersey’s Solution to Its Education Crisis Run Afoul of the United States Constitution?
John P. Di Tomo

(Un)Equal Protection for the Poor: Exlusionary Zoning and the Need for Stricter Scrutiny
Mandara Meyers

Federal Judges and Fearing the “Floodgates of Litigation”
Toby J. Stern

Political Parties’ Likely Response to the Constitutional Challenges to BCRA
Robin Kolodny

COMMENTS

Trading Due Process Rights For Shelter: Rucker and Unconstitutional Conditions in Public Housing Leases
Rachel Hannaford

A Constitutional Education: Use of the Enforcement Clause to Limit the Unfortunate Effect of the Qualified Immunity Doctrine
Jason P. Rubin

ARTICLE

Mrs. McIntyre’s Checkbook: Privacy Costs of Political Contribution Disclosure
William McGeveran

SYMPOSIUM
MCCONNELL V. FEC: UNDERSTANDING THE DECISION AND ITS IMPLICATIONS

Foreword
Nathaniel Persily

What Did They Do and What Does it Mean? The Three-Judge Court’s Decision in McConnell v. FEC and the Implications for the Supreme Court
Richard Briffault

McCain-Feingold and the D.C. District Court
Trevor Potter

A Glimpse into the Future? Judge Kollar-Kotelly’s View of Congressional Authority to Regulate Political Money
Robert F. Bauer

Informal Remarks on the Limits of Facial Review in Complex Cases
Burt Neuborne

Drawing a Roadmap to Uphold BCRA
Daniel R. Ortiz

Judicial Manageability and the Campaign Finance Thicket
Spencer Overton

Contested Concepts in Campaign Finance
Nathaniel Persily