Marco Basile authored “The Splintering of American Public Law” (The University of Chicago Law Review, 2025). He argues that “US constitutional law and international law diverged after the Civil War when courts came to apply them differently against the state as the United States consolidated a continental nation-state,” and that regressive policies were enabled by judicial supremacy and judicial deference.
Mark Brodin, in “The Supreme Court’s Rewriting of the Fourteenth Amendment Disqualification Clause: Trump v. Anderson and the Greenlighting of Insurrection” (Denver Law Review, 2025), examines the present and future impacts of this case. He asserts that the Third Section, which prescribes a remedy for an official oath-taker who betrays their government vows, disappeared from the Constitution after the Anderson decision.
Claire Donohue wrote “State as Abuser” (UMass Law Review, 2025), which suggests that the language of coercive control helps describe, frame, and mediate the tactics that are used by the Family Regulation System. It defines how the system harms the families it serves, and supports calls for reform to reduce or dismantle the hierarchy between families and agents of the system in contemporary legal and social contexts.
Yan Fang’s “Frontline Enforcement in the Age of Information” (Cambridge University Press, 2025) reviews how the incorporation of monitoring and prediction technologies shifts the work of frontline enforcement: broadening the category of actors who can enforce law, reorienting enforcement for information use by instructional actors beyond the gatherer, and increasing agents’ decisions on engagement with tools.
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