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Critical Race Theory
Brown v. Board of Education and the Interest-Convergence Dilemma
The full text of this Comment may be found by clicking on the PDF link to the left. After Brown v. Board of Education was decided, Professor Herbert Wechsler questioned…
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Harvard Law Review Forum
Reflections on Whiteness as Property
Responding to Cheryl I. Harris, Whiteness as Property
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Race and the Law
Whiteness as Property
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Harvard Law Review Forum
Coronavirus, Civil Liberties, and the Courts: The Case Against “Suspending” Judicial Review
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In Memoriam
In Memoriam: Professor David L. Shapiro
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Criminal Law
Expungement of Criminal Convictions: An Empirical Study
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Antitrust
Antitrust Federalism, Preemption, and Judge-Made Law
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Law of the Sea
The Potential-Use Test and the Northwest Passage
The official position of the United States government is that the Northwest Passage — a strait between the Atlantic and Pacific Oceans, running through the ice-packed Arctic — is one…
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Arbitration Clauses
Bigger v. Facebook, Inc.
Seventh Circuit Holds that Arbitration-Bound Employees Cannot Be Given Notice of Collective Action Proceeding Under the Fair Labor Standards Act.
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Civil Rights
Kollaritsch v. Michigan State University Board of Trustees
Sixth Circuit Requires Further Harassment in Deliberate Indifference Claims.
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First Amendment
NLRB v. International Ass’n of Bridge, Structural, Ornamental, & Reinforcing Iron Workers, Local 229
Ninth Circuit Holds that First Amendment Does Not Protect Encouraging Secondary Boycotts.
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Statutory Interpretation
In re: Application to Obtain Discovery for Use in Foreign Proceedings
Sixth Circuit Holds that Private Commercial Arbitration Is a Foreign or International Tribunal.
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Criminal Procedure
United States v. Cano
Ninth Circuit Limits the Scope of Warrantless Cell Phone Searches at the Border.
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Alien Tort Statute
Doe I v. Nestle, S.A.
Ninth Circuit Denies Rehearing En Banc of Case Permitting Domestic Corporate Liability Claim.
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Fourth Amendment
United States v. Huskisson
Seventh Circuit Holds that Evidence Gathered Through an Unlawful Search of a Home May Be Admissible Under the Independent Source Doctrine Even if Tainted Evidence Is Described in the Warrant Application.
Recent Cases
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Alien Tort Statute
Doe I v. Nestle, S.A.
Ninth Circuit Denies Rehearing En Banc of Case Permitting Domestic Corporate Liability Claim.
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Fourth Amendment
United States v. Huskisson
Seventh Circuit Holds that Evidence Gathered Through an Unlawful Search of a Home May Be Admissible Under the Independent Source Doctrine Even if Tainted Evidence Is Described in the Warrant Application.
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Arbitration Clauses
Bigger v. Facebook, Inc.
Seventh Circuit Holds that Arbitration-Bound Employees Cannot Be Given Notice of Collective Action Proceeding Under the Fair Labor Standards Act.
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Civil Rights
Kollaritsch v. Michigan State University Board of Trustees
Sixth Circuit Requires Further Harassment in Deliberate Indifference Claims.
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Criminal Procedure
United States v. Cano
Ninth Circuit Limits the Scope of Warrantless Cell Phone Searches at the Border.
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Statutory Interpretation
In re: Application to Obtain Discovery for Use in Foreign Proceedings
Sixth Circuit Holds that Private Commercial Arbitration Is a Foreign or International Tribunal.
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First Amendment
NLRB v. International Ass’n of Bridge, Structural, Ornamental, & Reinforcing Iron Workers, Local 229
Ninth Circuit Holds that First Amendment Does Not Protect Encouraging Secondary Boycotts.
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Criminalization of Poverty
Fowler v. Benson
Sixth Circuit Upholds Michigan’s Driver’s License Suspension Law for Indigent Drivers Under Fourteenth Amendment.