Con Law Center Articles and Publications
Publications from 2022
Appealable TROs, Bernadette Bollas Genetin
Concrete Reliance on Stare Decisis in a Post-Dobbs World, Michael Gentithes
Exigencies, Not Exceptions: How to Return Warrant Exceptions to Their Roots, Michael Gentithes
Suspect Classifications, Immutability, and Moral Responsibility, Michael Gentithes
Publications from 2021
Rulifying Reasonable Expectations: Why Judicial Tests, Not Originalism, Create a More Determinate Fourth Amendment, Michael Gentithes
Reclaiming the Long History of the "Irrelevant" Nineteenth Amendment for Gender Equality, Tracy Thomas
The Jurisprudence of the First Woman Judge, Florence Allen: Challenging the Myth of Women Judging Differently, Tracy Thomas
The Long History of Feminist Legal Theory, Tracy Thomas
Publications from 2020
App Permissions and the Third-Party Doctrine, Michael Gentithes
Felony Disenfranchisement & the Nineteenth Amendment, Michael Gentithes
Gobbledygook: Political Questions, Manageability, & Partisan Gerrymandering, Michael Gentithes
Janus-Faced Judging: How the Supreme Court is Radically Weakening Stare Decisis, Michael Gentithes
Pandemic Surveillance - The New Predictive Policing, Michael Gentithes
Suspicionless Witness Stops: The New Racial Profiling, Michael Gentithes
Book Review, Strange Bedfellows: Marriage in the Age of Women's Liberation, Tracy Thomas
From Nineteenth Amendment to ERA: Constitutional Amendments for Women's Equality, Tracy Thomas
More Than the Vote: The Nineteenth Amendment as Proxy for Gender Equality, Tracy Thomas
Publications from 2019
The End of Miller's Time: How Sensitivity Can Categorize Third-Party Data After Carpenter, Michael Gentithes
Leveling Down Gender Equality, Tracy Thomas
Publications from 2018
After Suffrage Comes Equal Rights? ERA as the Next Logical Step, Tracy Thomas and Tracey Jean Boisseau
After Suffrage Comes Equal Rights? ERA as the Next Logical Step, Tracy Thomas and Tracey Jean Boisseau
Publications from 2017
Breaking the Cycle: Countering Voter Initiatives and the Underrepresentation of Racial Minorities in the Political Process, Kristen Barnes
Legal Resources on the Trump Immigration Ban, Center for Constitutional Law
Publications from 2016
Elizabeth Cady Stanton and the Feminist Foundations of Family Law, Tracy Thomas
Reconsidering the Remedy of Gender Quotas, Tracy Thomas
Reviewing Manhart, Tracy Thomas
The Origins of Constitutional Gender Equality in the Nineteenth-Century Work of Elizabeth Cady Stanton, Tracy Thomas
The "Radical Conscience" of Nineteenth-Century Feminism, Tracy Thomas
The Reverberating Effects of Obergefell in Family Courts, Tracy Thomas
Publications from 2015
Back to Class: Lessons from the Roberts Court Class Action Jurisprudence, Bernadette Bollas Genetin
"Just a Bit Outside!": Proportionality in Federal Discovery and the Institutional Capacity of the Federal Courts, Bernadette Bollas Genetin
The Supreme Court's New Approach to Personal Jurisdiction, Bernadette Bollas Genetin
The Supreme Court's New Approach to Personal Jurisdiction, Bernadette Bollas Genetin
Tying the Knot with a Surname? The Constitutionality of Japan's Law Requiring a Same Marital Name, Koji Higashikawa
SCOTUS Summary: Separation of Powers in Zivotofsky v. Kerry, Wilson Huhn
SCOTUS Summary: The Supreme Court's Decision in King v. Burwell on Healthcare, Wilson Huhn
Tradition, Policy and the Establishment Clause: Justice Kennedy's Opinion in Town of Greece v. Galloway, Wilson Huhn
An Introduction to the Women in Law Symposium, Tracy Thomas
Forward, Women and the Law, Tracy Thomas
Publications from 2014
Teaching Women's Legal History, Tracy Thomas
Same-Sex Divorce, Tracy A. Thomas
Publications from 2013
Slaves to Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn
Supreme Court Update: 2012-2013 Term (Civil Cases in Constitutional Law), Wilson Huhn
Supreme Court Review: Legalistic Argle-Bargle, Molly McBurney, Kristen Barnes, Bernadette Genetin, Wilson Huhn, William Jordan, Marge Koosed, Rich Lavoie, Brant Lee, Elizabeth Reilly, Bill Rich, Kalyani Robbins, Jeff Samuels, Tracy Thomas, and Katharine Van Tassel
Teaching Remedies as Problem-Solving: Keeping it Real, Tracy Thomas
Back to the Future of Abortion Regulation in the First Term, Tracy A. Thomas
Publications from 2012
Excerpts from Chief Justice Roberts' Opinion in NFIB v. Sebelius, Wilson Huhn
Same-Sex Marriage Litigation Update - September 17, 2012, Wilson Huhn
The 2011-2012 Supreme Court Term: Decisions in Constitutional Law, Wilson Huhn
The Civil Rights Movement and the Constitution, Wilson Huhn
The Constitutionality of the Patient Protection and Affordable Care Act, Wilson Huhn
The Decision of the Supreme Court on the Constitutionality of the PPACA, Wilson Huhn
THE FUTURE INTERPRETATION OF THE CONSTITUTION, Wilson Huhn
THE FUTURE INTERPRETATION OF THE CONSTITUTION AS A RESULT OF THE REELECTION OF PRESIDENT BARACK OBAMA, Wilson Huhn
Book Review, Barbara Babcock's Woman Lawyer: The Trials of Clara Foltz, Tracy Thomas
Forward: "War on Women" in Women and the Law, Tracy Thomas
Switching to Prophylactic Injunctions, Tracy Thomas
The Struggle for Gender Equality in the Northern District of Ohio, Tracy Thomas
Misappropriating Women's History in the Law and Politics of Abortion, Tracy A. Thomas
Publications from 2011
McDonald v. Chicago, Self-Defense, the Right to Bear Arms, and the Future, Richard Aynes
Electing our Judges and Judicial Independence: the Supreme Court's "Triple Whammy", Martin Belsky
Reassessing the Avoidance Canon in Erie Cases, Bernadette Bollas Genetin
A Higher Law: Abraham Lincoln's Use of Biblical Imagery, Wilson Huhn
Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law, Wilson Huhn
Biological Metaphors for Whiteness: Beyond Merit and Malice, Brant T. Lee
Infinite Hope and Finite Disappointment: The Story of the First Interpreters of the Fourteenth Amendment, Elizabeth Reilly
Book Review, Tracy Thomas
Elizabeth Cady Stanton and the Notion of a Legal Class of Gender, Tracy A. Thomas
Law, History, and Feminism, Tracy A. Thomas
Feminist Legal History: Essays on Women and Law, Tracy Thomas and Tracey Jean Boisseau
Publications from 2010
Enforcing the Bill of Rights Against the States: The History and the Future, Richard Aynes
Kate Chase, the "Sphere of Women's Work," and Her Influence Upon Her Father's Dissent in Bradwell v. Illinois, Richard Aynes
McDonald v. Chicago, the Fourteenth Amendment, the Right to Bear Arms and the Right of Self-Defense, Richard L. Aynes
Summary Judgment and the Influence of Federal Rulemaking, Bernadette Bollas Genetin
Sex v. Race, Again, Tracy A. Thomas
Publications from 2009
39th Congress (1865-1867) and the 14th Amendment: Some Preliminary Perspectives, Richard Aynes
Ink Blot or Not: the Meaning of Privileges And/Or Immunities, Richard Aynes
Cross Burning a Hate Speech Under the First Amendment to the United States Constitution, Wilson Huhn
Legacy of Slaughterhouse. Bradwell, and Cruikshank in Constitutional Interpretation, Wilson Huhn
Ten Questions on Gay Rights and Freedom of Religion, Wilson Huhn
Reforming Eyewitness Identification Law and Practices to Protect the Innocent, Margery Koosed
Empathy and Pragmatism in the Choice of Constitutional Norms for Religious Land Use Disputes, Elizabeth Reilly
Infinite Hope-- Introduction to the Symposium: the 140th Anniversary of the Fourteenth Amendment, Elizabeth Reilly
The Union as it Wasn't and the Constitution as it Isn't: Section Five and Altering the Balance of Power, Elizabeth Reilly
Remedies: Public and Private, Tracy Thomas
Publications from 2008
Self-Defense, the 2nd Amendment, and the U.S. Supreme Court, Richard Aynes
Waterboarding is Illegal, Wilson R. Huhn
Book Review of Thomas J. Davis, Race Relations in America: A Reference Guide with Primary Documents, Brant T. Lee
eBay RX, Tracy Thomas
Women's Suffrage, Tracy Thomas
The New Face of Women's Legal History: An Introduction to the Symposium, Tracy A. Thomas
Publications from 2007
The Religion Clauses and the “Really New” Federalism, Martin H. Belsky
In Defense of the Roosevelt Court, Wilson R. Huhn