Constitutional Law Quarterly

The Hastings Constitutional Law Quarterly is the country’s oldest law journal devoted exclusively to constitutional law. Our primary goal is to produce an innovative and scholarly review of current constitutional issues.

The Quarterly is published four times yearly (Fall, Winter, Spring, and Summer) by the students of UC Hastings. We seek to provide a ready forum for a broad and interdisciplinary discussion of all aspects of constitutional law, and welcome submissions not only from legal academics and practitioners but also social scientists, public officials, and other academic voices with contributions to constitutional discourse. While most of our articles focus on issues arising under the U.S. Constitution, we review topics concerning state and foreign constitutions as well.

Be sure to visit our website, www.hastingsconlawquarterly.org, for the most up-to-date information.

CONTACT

Hastings Constitutional Law Quarterly
UC Hastings College of the Law
200 McAllister Street
San Francisco, California 94102-4978
Telephone: (415) 581-8957
Fax: (415) 581-8975
E-mail: clq@uchastings.edu

Notable Citations

In his concurrence in Maryland v. Shatzer, Justice Stevens referred to Marcy Strauss’s essay in Hastings Constitutional Law Quarterly, titled Reinterrogation, for the proposition that reapprehension after being released from custody may heighten the inherent compulsion of police interrogation. Shatzer restricted the holding of Edwards v. Arizona, 451 U.S. 477 (1981), which established the rule that a suspect who has invoked his or her right to the presence of counsel during custodial interrogation is not subject to further interrogation until either counsel has been made available or the suspect initiates exchanges with the police. Shatzer held that Edwards does not apply if a break in custody lasting 14 days has occurred and that a suspect’s return to the general prison population after invoking the right to counsel constitutes a break in custody. See Maryland v. Shatzer, 130 S.Ct. 1213, 1231 n.9 (2010) (J. Stevens concurring) (citing Marcy Strauss, Reinterrogation, 22 UC Hastings Const. L.Q. 359, 390 (1995)).

Justice Stevens also cited the Hastings Constitutional Law Quarterly in his opinion, dissenting in part and concurring in part, in Citizens United v. Federal Election Commission, which held, in part, that federal campaign financing statutes that restricted independent corporate expenditures for electioneering communications violated the First Amendment. Justice Stevens, dissenting to that holding, cited Autonomy, Debate, and Corporate Speech, by David Shelledy, for the proposition that at the time the First Amendment was ratified, all corporate activities were regarded as resting “entirely in a concession of the sovereign.” See Citizens United v. Federal Election Com’n, 130 S.Ct. 876, 950 (2010) (J. Stevens dissenting in part and concurring in part) (citing David Shelledy, Autonomy, Debate, and Corporate Speech, 18 UC Hastings Const. L.Q. 541, 578 (1991)).