VOLUME 4-2
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A Cold Day in Apprendi-land: Oregon v. Ice Brings Unknown Forecast for Apprendi’s Continued Vitality in the Capital Sentencing Context
A Cold Day in Apprendi-land: Oregon v. Ice Brings Unknown Forecast for Apprendi’s Continued Vitality in the Capital Sentencing Context

by G. BEN COHEN, BIDISH SARMA, and ROBERT J. SMITH
When Charles Apprendi fired two .22 caliber gunshots into the home of the first African-American family to move into a previously all-white New Jersey neighborhood, he …

Against Gridlock: The Viability of Interest-Based Legislative Negotiation

by GREGORY BRAZEAL
The wide cast of characters whose behavior shapes the creation of federal laws in the United States, from congressional leaders to committee chairs, from lobbyists to constituents, from the President to the media, …

Being FAIR to Religion: Rumsfeld v. FAIR's Impact on the Associational Rights of Religious Organizations

by STUART McPHAIL
Rumsfeld v. Forum for Academic and Institutional Rights, Inc. (FAIR) garnered much political attention because of the issue underlying the case: whether “don’t ask, don’t tell” is a sound policy.1 However, that question …

Building on a Broken Employer Sanctions System: The Impact of the Bush Administration's SSA No-Match Letter Proposal

by KIMBERLY FOX
In August 2007, approximately one year after Congress’s failed attempt at comprehensive immigration reform, the Department of Homeland Security (DHS) took action. Declaring that “until Congress chooses to act, we’re going to take …

ID at the Polls: Assessing the Impact of Recent State Voter ID Laws on Voter Turnout

by SHELLEY DE ALTH
Last spring, in Crawford v. Marion County Election Board, the Supreme Court upheld Indiana’s law requiring voters to show picture identification in order to vote, but the Court divided four ways over …

You Can't Build on Shaky Ground: Laying the Foundation for Indigent Defense Reform Through Values-Based Recruitment, Training, and Mentoring

by JONATHAN A. RAPPING
On August 21, 2005, twenty-four new public defenders gathered in Vidalia, Georgia to begin an intensive, three-week training period. They graduated from seventeen different law schools in twelve different states. More than …

The Increasing Vulnerability of Older Americans: Evidence From the Bankruptcy Court

by DEBORAH THORNE, ELIZABETH WARREN, and TERESA A. SULLIVAN
Debt has become the common denominator of American life. From young people taking on student loans to older Americans struggling to pay for health care costs and …

The Obama Factor: The Impact of the 2008 Presidential Election on Future Voting Rights Act Litigation

by KRISTEN CLARKE
The 2008 presidential contest proved to be of historic proportions, resulting in the victory of Barack Obama, the nation’s first black president. The contest itself played out in dramatic fashion, with a nontraditional …

Not Old or Borrowed: The Truly New Blue Federalism

by ROBERT A. SCHAPIRO
Progressives once feared federalism as a mechanism for allowing deviant, pernicious practices to persist. Federalism, it seemed, might constitute a polite, historically grounded justification for blocking the federal government from guaranteeing basic …

Bearing the Burden of the Beltway: Practical Realities of State Government and Federal-State Relations in the Twenty-First Century

by KATHLEEN SEBELIUS and NED SEBELIUS
Throughout much of the twentieth century, progressives relied on a dominant federal government to ensure that their policies were successfully implemented in the more conservative states. President Franklin Roosevelt demanded …