Volume 8

FOREWORD

Anthony Edward Falcone

KEYNOTE

“Liberty”: Enumerated Rights? Unenumerated Rights? Penumbral Rights? Other?
Louis H. Pollak

ARTICLES

“To Pursue Any Lawful Trade or Avocation”: The Evolution of Unenumerated Economic Rights in the Nineteenth Century
James W. Ely, Jr.

Everything is Enumerated: The Developmental Past and Future of an Interpretive Problem
Ken I. Kersch

Forget the Fundamentals: Fixing Substantive Due Process
Kermit Roosevelt III

COMMENTS

Law and Limits: How Categories Construct Constitutional Meaning
Anthony Edward Falcone

Poor Law: The Deficit Reduction Act’s Citizenship Documentation Requirement for Medicaid Eligibility
Jacob Press

Answering Lara’s Call: May Congress Place Nonmember Indians Within Tribal Jurisdiction Without Running Afoul of Equal Protection or Due Process Requirements?
Eric Wolpin

ARTICLES

The Original Meaning of the Establishment Clause and the Impossibility of Its Incorporation
Vincent Phillip Muñoz

SYMPOSIUM: LAW AND RELIGION
PART TWO OF TWO

What is Past is Prelude: Newdow and the Evolution of Thought on Religious Affirmations in Public Schools
Joan DelFattore

Locked Out: Locke v. Davey and the Broken Promise of Equal Access
Richard F. Duncan

Reconciling The Supreme Court’s Four Establishment Clauses
Steven G. Gey

Beyond Coercion: Justice Kennedy’s Aversion to Animus
Steven Goldberg

Christianity and the (Modest) Rule of Law
David A. Skeel, Jr. & William J. Stuntz

COMMENTS

Constitutional Limitations on the Expansion of Involuntary Civil Commitment for Violent and Dangerous Offenders
Justin Engel

The “Holey” Bonds of Matrimony: A Constitutional Challenge to Burdensome Divorce Laws
Elizabeth Horowitz

SYMPOSIUM: LAW AND RELIGION
PART ONE OF TWO

KEYNOTE

The Consciousness of Religion and the Consciousness of Law, with Some Implications for Dialogue
Howard Lesnick

ARTICLES

American and Muslim Perspectives on Freedom of Religion
Imad-ad-Dean Ahmad

Against Idols: The Court as a Symbol-Making or Rhetorical Institution
Marie A. Failinger

The Theory and Politics of First Amendment Protections: Why Does the Supreme Court Favor Free Expression over Religious Freedom?
Stephen M. Feldman

Common Sense About Original and Subsequent Understandings of the Religion Clauses
Kent Greenawalt

COMMENTS

Protecting Laws Designed to Remedy Ant-Gay Discrimination from Equal Protection Challenges: The Desirability of Rational Basis Scrutiny
Erik K. Ludwig

On Jurisdiction-Stripping: The Proper Scope of Inferior Federal Courts’ Independence from Congress
Maxim O. Mayer-Cesiano

ARTICLES

The War on Terrorism and “The Water’s Edge”: Sovereignty, “Territorial Jurisdiction,” and the Reach of the U.S. Constitution in the Guantanamo Detainee Litigation
Elizabeth A. Wilson

Revisiting Four Popular Myths About the Peyote Case
John P. Forren

How Conduct Became Speech and Speech Became Conduct: A Political Development Case Study in Labor Law and the Freedom of Speech
Ken I. Kersch

COMMENT

Can $1 Buy Constitutionality?: The Effect of Nominal and Punitive Damages on the Prison Litigation Reform Act’s Physical Injury Requirement
Allison Cohn

ARTICLES

The New Inner City: Class Transformation, Concentrated Affluence and the Obligations of Police Power
Audrey G. McFarlane

Recess Appointments to the Federal Judiciary: An Unconstitutional Transformation of Senate Advice and Consent
Steven M. Pyser

COMMENT

Using Parole to Constitutionally Reconcile the Criminal Punishment Goals of Desert and Incapacitation
Adam L. Pollock

CONSTITUTIONAL DEVELOPMENT

Jackson v. Birmingham Board of Education: Title IX’s Implied Private Right of Action for Retaliation