Vol. 48, No. 4: The End of the Rule of Law

Featured

Rule Of Law

Sherrilyn Ifill’s Remarks on the Future of Our Democracy from the 2022 ABA Thurgood Marshall Award Ceremony

by Sherrilyn Ifill

I want to say, because I think it’s important to say it out loud, that we are in a moment of grave democratic crisis. Not saying it doesn’t change the truth. We are in a moment of grave democratic crisis.

Civil Rights & Constitution

An Era of Rights Retractions: Dobbs as a case in point

by Seema Mohapatra

In Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court threw out almost 50 years of precedent when it overturned Roe v. Wade and Planned Parenthood v. Casey, two cases that had established and protected the right to abortion care.

Civil Rights & Constitution

Teaching Law in this Difficult Time

by Erwin Chemerinsky

Law schools must play a conscious role in looking for solutions to the world’s seemingly intractable problems. Through faculty research and advocacy, through our clinics and centers, we must look for ways to use the law to make a difference.

Rule Of Law

The Supreme Court, Gerrymandering, and the Rule of Law

by Paul M. Smith

Although the U.S. Supreme Court has undermined the rule of law in a whole variety of areas, its treatment of partisan gerrymandering is arguably the most destructive.

Civil Rights & Constitution

The Jurisdictional Landscape of Indian Country After the McGirt and Castro-Huerta Decisions

by Kirke Kickingbird

The McGirt and Castro-Huerta decisions, coupled with the desire of certain Oklahoma state officials to assert state dominance over tribes, create the potential for a new round of tribal-state disputes to permeate the Oklahoma Indian relationship.

Civil Rights & Constitution

Access to Information Can Help Combat the Threat to Democracy

by Lynn Walsh

Successfully combating misinformation and disinformation will require journalists, the public, the government, politicians, lawyers, and technology companies to all work together.

Civil Rights & Constitution

Rights, Relationships, Responsibilities

by Judge Timothy P. Connors

Those 37 words in our Declaration of Independence lay the foundation for a justice system based on the recognition of rights that are equal, accessible, permanent, and resilient. But then the reality sets in.

International Law

One Year Later: Dobbs v. Jackson Women’s Health Organization in Global Context

by Risa E. Kaufman and Katy Mayall

As U.S. advocates work to rebuild constitutional protections for abortion, developments around the globe, including comparative jurisprudence and human rights, can provide inspiration.

Civil Rights & Constitution

The Supreme Court, Gun Violence, and the Rule of Law

by Angela Downes

The Second Amendment is one of the most fundamental rights afforded to Americans. The challenge lies in preserving the essence of the amendment while ensuring safety and reducing incidents of gun violence.

Civil Rights & Constitution

The Erosion of Miranda

by Kevin Scruggs

The Vega decision serves as an erosion of the rights established in Miranda and will diminish the possibility of civil remedy for harmful impact from the elicitation of un-Mirandized statements.

Rule Of Law

Human Rights Heroes: Supreme Court Justices Who Upheld Precedent

by Stephen J. Wermiel

One difference between Dobbs and Casey that merits the mantle of Human Rights Hero is the willingness of Justices O’Connor, Kennedy, and Souter to put aside their own views to vote for stability and precedent as essential elements of the rule of law.

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Vol. 48, No. 4: The End of the Rule of Law

Introduction

Featured

Sherrilyn Ifill’s Remarks on the Future of Our Democracy from the 2022 ABA Thurgood Marshall Award Ceremony