Articles & Essays
Corporate Law
Public Reporting of Monitorship Outcomes
When a corporation engages in misconduct that is widespread or pervasive, courts, regulators, or prosecutors often insist that the firm obtain assistance from an independent third party — a monitor — to oversee the…
Jurisprudence
Personal Precedent at the Supreme Court
Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This Essay shows that personal precedent both does and should play a central role…
Book Reviews
Notes
Recent Cases
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Takings Clause
Nekrilov v. City of Jersey City
Third Circuit Rejects Investors' Takings Clause Challenge Based on Municipal Officials' Public Statements About a Regulatory Regime.
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Standing
Drazen v. Pinto
Eleventh Circuit Holds that Absent Class Members Must Satisfy Article III Standing at the Class Certification Phase for Settlement-Only Class Action.
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Personal Jurisdiction
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.
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Democracy
Johnson v. Wisconsin Elections Commission
Wisconsin Supreme Court Adopts New Election Maps that Change Existing Districts Least, Regardless of Partisan Bias.
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Criminal Law
United States v. Johnlouis
Fifth Circuit Delivers a New Law Enforcement Functions Test for Identifying Government Actors.
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Fourth Amendment
Tyson v. Sabine
Fifth Circuit Holds that Sexual Assault Perpetrated by Police Is Fourteenth Amendment Violation, Not Fourth Amendment Seizure.
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Article III
NLRB v. Constellium Rolled Products Ravenswood, LLC
Fourth Circuit Rejects Jurisdiction to Enforce NLRB Consent Order.