Stay-at-Home, Videoconferencing, and a Baptism of Fire for the California Consumer Privacy Act

By: Michael P. Goodyear | April 22, 2020

The novel coronavirus COVID-19 has rapidly become one of the worst public health crises in U.S. history. Yet this is not only a critical moment for health, but also for privacy. With social isolation orders in forty-two states, as well as Washington, D.C., Puerto Rico, and Guam, collaborative technological services—such as such as video conferencing, file sharing, mobile apps, […]

Prisons in the Time of COVID-19

By: Jenny Carroll | April 16, 2020

The current COVID-19 public health crisis has rendered the nation’s jails and prisons ticking time bombs. In the confined spaces of the carceral system the infection flourishes. At Rikers Island in New York City the rate of infection among the incarcerated population is an estimated seven times that of the free population. The Cook County Jail in Chicago boasts […]

The Torture Machine: An Excerpt

By: Flint Taylor | February 27, 2020

On December 10, 2019, an Illinois Appellate Court, in a notable Chicago Police torture case, affirmed Cook County Judge William H. Hooks’s decision granting Jackie Wilson a new trial, finding that his 1982 confession was a result of torture by Lieutenant Jon Burge and his detectives. People v. Jackie Wilson, 2019 IL App (1st) 181486. Flint Taylor is Wilson’s attorney and a […]

BRING BACK THE ’90S

By: Danielle Berkowsky | February 17, 2020

The following pieces are a part of Northwestern University Law Review Online Volume 114’s “Bring Back The ‘90s” initiative, aimed at exploring the evolution of legal thinking over the past three decades. Authors who published with NULR in the 1990s were provided with an opportunity to revisit the ideas, issues, and questions in their writings, […]

Public-School Moralizing is No Reason to Overturn Blaine Amendments

By: Meredith McBride | October 15, 2019

In November, the Supreme Court will hear argument in Espinoza v. Montana Department of Revenue, in which it will decide whether states with voucher-like schemes must allow those funds to be used at religious schools. Writing for SCOTUSBlog on September 17, Jim Kelly highlighted an underappreciated aspect of this debate: that private religious schools are not the only schools with […]

NULR 1L Writing Competition: Dred Scott v. Sandford (Dissent)

By: Walter Garcia | April 24, 2019

The idea of diversity has influenced some of our country’s most important judicial decisions. We asked Northwestern 1Ls to write about a case they studied in their first year of law school that has affected their opinion about diversity in the legal system. Walter was one of the winners. History will not look kindly upon this Court’s […]

NULR 1L Writing Competition: Fong Yue Ting v. United States (Critique)

By: Meher Babbar | April 24, 2019

The idea of diversity has influenced some of our country’s most important judicial decisions. We asked Northwestern 1Ls to write about a case they studied in their first year of law school that has affected their opinion about diversity in the legal system. Meher was one of the winners. Of the cases covered in Constitutional Law tracing […]

Sources of Rights: Originalism and Thayerism

By: Joe Blass | April 19, 2019

At Northwestern University Law Review’s Symposium on Originalism 3.0, Professor Steven Calabresi presented a paper critiquing a Thayerian approach to judicial handling of unenumerated rights. The session was moderated by Professor James Pfander, with commentary by Professor Jamal Greene of Columbia University Law School. Professor Calabresi described James Thayer’s influential 1893 Article, The Origin and Scope of the American Doctrine of Constitutional Law, which […]

Grounding Originalism: A Panel Discussion Moving from Legal Theory to Legal Practice

By: Andrew Borrasso | April 19, 2019

Is originalism correct? What might make it so? Grounding Originalism, a forthcoming Essay by Professors William Baude and Stephen E. Sachs, tackles these questions by moving from legal theory to legal empirics in an effort to provide a coherent story of our law. On Friday afternoon, November 5, 2018, Professors Baude and Sachs were joined by Professor Michael Ramsey in a […]

Moving the Great Debate on Originalism Theory Forward

By: Emily McCormick | April 19, 2019

Georgetown Law’s Professor Lawrence B. Solum discussed his forthcoming article, Originalism versus Living Constitutionalism: The Conceptual Structure of the Great Debate,at the recent Northwestern University Law Review 2018 Symposium: Originalism 3.0. Professor William Ewald from the University of Pennsylvania provided commentary, and Northwestern Law Professor Joshua Kleinfeld moderated the panel. Professor Solum began the discussion by sharing his inspiration for the article. While this […]