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Federal Courts Recent Case

Recent Case: Laufer v. Naranda Hotels, LLC

March 8, 2023 Did tester standing survive the Supreme Court's curtailment of standing in TransUnion LLC v. Ramirez (2021)? The Fourth Circuit recently held that it did, joining two other appellate courts and worsening an existent circuit split.

Thomas E. Nielsen

Federal Courts Recent Case

Shakman v. Pritzker

Seventh Circuit Holds Governor Satisfied Requirements of Fifty-Year-Old Consent Decree.

Vol. 136 No. 4 February 2023

Federal Courts Note

Standing in the Way: The Courts’ Escalating Interference in Federal Policymaking

Vol. 136 No. 4 February 2023 The connection between policy and law in the United States rests heavily on the concept and rhetoric of rights. When the government makes a...

Civil Procedure Recent Case

Waters v. Day & Zimmermann NPS, Inc.

First Circuit Holds that Federal Rule of Civil Procedure 4(k)(1)(a)'s Territorial Constraints Apply to Only the Initial Service of Process.

Vol. 136 No. 3 January 2023

Article III Recent Case

NLRB v. Constellium Rolled Products Ravenswood, LLC

Fourth Circuit Rejects Jurisdiction to Enforce NLRB Consent Order.

Vol. 136 No. 3 January 2023

Foreign & Comparative Law Blog Essay

Notwithstanding the Right to Strike: A Canadian Province Defies the Constitution — And Workers Strike Back

November 28, 2022 The “Notwithstanding Clause,” the common name for section 33 of Canada’s Charter of Rights and Freedoms—the country’s constitutional bill of rights—authorizes time-bound legislation that...

Eleventh Amendment Leading Case

Torres v. Texas Department of Public Safety

Vol. 136 No. 1 November 2022 In the words of Justice Kagan, the Supreme Court’s state “sovereign immunity decisions have not followed a straight line.” The Court’s first foray into...

Civil Rights Leading Case

Egbert v. Boule

Vol. 136 No. 1 November 2022 Fifty-one years ago, in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court announced a cause of action for...

Immigration Law Leading Case

Garland v. Aleman Gonzalez

Vol. 136 No. 1 November 2022 “[T]he court seems to churn along as usual, and I see my friends’ rights trampled in the process,” observed an immigrant detained at the...

Federal Courts Leading Case

Patel v. Garland

Vol. 136 No. 1 November 2022 Can limits on judicial review exist within a “regime of law and . . . constitutional government?” Just ask noncitizens, millions of whom are deportable at the stroke...