Without Remedies: The Destructive Effect of Cummings and the Contract Law...
It has become increasingly difficult for civil rights plaintiffs to vindicate their rights in federal court. Barriers to successful lawsuits are plentiful. Qualified immunity ensures many officials...
View ArticleFederalism Rebalancing and the Roberts Court: A Departure from Historical...
One of the early lessons we learn in life is that things seek balance. When a parent pushes their child on a swing set, the child climbs high into the air but giggles as they swing back. When a high...
View ArticleDoes the Twenty-First Amendment Displace Pike Balancing?
Absent alcohol, dormant commerce clause doctrine is mostly familiar. Courts use strict scrutiny when state laws discriminate — facially, in purpose, or in effect — against out-of-state economic...
View ArticleThe Law and Lawlessness of U.S. Immigration Detention
Abstract The United States operates the largest immigration detention system in the world. Immigrants and watchdog groups have reported poor conditions of confinement, including medical mistreatment...
View ArticleTorts 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”...
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