Vol. 119 No. 1

Constitutional Law
Note

RELIGIOUS EXEMPTIONS AND THE VOCATIONAL DIMENSION OF WORK

Paul Barker *

The Supreme Court’s 2018 decision in Masterpiece Cakeshop left unre­solved a central question running through th­­­e so-called wedding-vendor cases: Can the law ever grant religious exemptions to places of public accommodation without severely undermining antidiscrimination laws? The question is a difficult one, and people on both sides of these cases see the stakes as high. For supporters of same-sex marriage, these cases threaten[...]

Criminal Justice Reform
Essay

THE PLACE OF “THE PEOPLE” IN CRIMINAL PROCEDURE

Jocelyn Simonson *

The rules and practices of criminal procedure assume a clean separa­tion between the interests of the public and the interests of the lone defendant who stands accused. Even the names given to criminal pros­ecutions often declare this dichotomy, as in jurisdictions such as California, Illinois, Michigan, and New York that caption criminal cases “The People of the State of X v. John Doe.” This Essay argues that this traditional people/defendant[...]

Crime Federalism
Article

IMMIGRANT SANCTUARY AS THE “OLD NORMAL”: A BRIEF HISTORY OF POLICE FEDERALISM

Trevor George Gardner *

Three successive presidential administrations have opposed immi­grant-sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigra­tion enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular his­tory of a field this Article identifies as “police federalism.” For nearly all of U.S. history,[...]