FDA's proposed graphic warning labels for cigarette packages have been scrutinized for potentially violating the First Amendment's free speech clause. This article addresses the distinction between the commercial speech and compelled speech doctrines and their applicability in analyzing the constitutionality of the labels. The government's position is that the labels evoke an emotional response...

Supermaximum (“supermax”) security prisons have become a common feature of the corrections landscape. Despite their substantial costs, questions about their constitutionality, growing fiscal and managerial challenges confronting correctional systems, and increased demand for evidence-based practices, little systematic empirical research about their effectiveness exists. Against this backdrop an...

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1039 R I. THE PRIMARY JURISDICTION DOCTRINE . . . . . . . . . . . . . . . . . . . . 1043 R II. CONSTITUTIONAL CONSTRAINTS IN FEDERAL-COURT LITIGATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1048 R A. Article III Constraints . . . . . . ...

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