Torts Stories After Bivens
In the decade after Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court twice recognized implied causes of action for damages to redress the constitutional torts of...
View ArticlePresident Trump in the Era of Exclusive Powers
The defining doctrinal innovation of the second Trump administration has been to take the Supreme Court at its word. In recent years, the Court has embraced an extremely broad view of the President’s...
View ArticleDisqualification, Immunity, And The Presidency
Trump v. Anderson and Trump v. United States were two momentous decisions in a momentous Supreme Court term. Sharing then-former — and now current — President Trump as a party, the decisions hold...
View Article(Attenuating) the Taint of Poverty: How Fourteenth Amendment Jurisprudence...
Then consequently, those must be bad Laws, which authorize the Imprisoning [of] any Man for Debt, who does honestly give up to his Creditors all that he hath in the World. . . . [T]o what good End, a...
View ArticleWhen Rational Basis Review Bit
Introduction Like many widows, Sandy Meadows faced economic uncertainty after her husband passed away. She, however, had a knack for arranging flowers and found a job in the floral department of her...
View ArticleConstructing Constitutional Rights
Introduction In his important article, Determining Rights, Professor Jud Campbell correctly observes that “[t]wo central problems in rights jurisprudence are figuring out who should make”...
View Article“Background Principles” and the General Law of Property
The Takings Clause of the Fifth Amendment provides that when the government takes private property for a public purpose, it must compensate the property owner. One exception to this rule, the...
View ArticleFighting Words at the Founding
“God hates you wicked baby killing whores,” “cocksucker,” “fucking cunt,” and “shut your fucking mouth, you bitch” are statements that start fights. In 1791, it was similarly inflammatory to call...
View ArticleUnwarranted Warrants? An Empirical Analysis of Judicial Review in Search and...
Abstract Every year, police perform searches governed by the Fourth Amendment on hundreds of thousands of individuals and their property throughout the United States. Many of the academy’s most...
View ArticleThe Immigrant Registration Requirement’s Self-Incrimination Problem
The Trump Administration is enforcing an old, harmful wartime law purporting to require noncitizens to register with the federal government. This provision primarily targets noncitizens who have...
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