People for the Ethical Treatment of Animals v. Tabak, 109 F.4th 627 (D.C....
How to regulate speech on social media platforms has been the subject of vigorous debate and recent Supreme Court opinions. In particular, government agencies communicating with the public via digital...
View ArticleWithout 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...
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