Volume 127 Issue 4

Partisan Federalism

Examining the interaction of party politics and federalism

• Jessica Bulman-Pozen

Never Mind the Constitution

A comparative critique of anti-constitutionalism

• Jeremy Waldron

NFIB v. Sebelius and the Individualization of the State Action Doctrine

Tummino v. Hamburg

Eastern District of New York Rejects FDA Limitations on Plan B Emergency Contraception as Arbitrary and Capricious.

City of Riverside v. Inland Empire Patients Health & Wellness Center, Inc.

California Supreme Court Upholds Local Zoning Ban on Medical Marijuana Dispensaries.

In re NCAA Student-Athlete Name & Likeness Licensing Litigation

Ninth Circuit Rejects First Amendment Defense to Right-of-Publicity Claim.

In re Application of the United States for Historical Cell Site Data

Fifth Circuit Upholds Stored Communications Acts’ Nonwarrant Requirement for Cell-Site Data as Not Per Se Unconstitutional.

Cariou v. Prince

Second Circuit Holds that Appropriation Artwork Need Not Comment on the Original to Be Transformative.

Palma v. NLRB

Second Circuit Holds Undocumented Workers Are Categorically Barred from Backpay Under the National Labor Relations Act.

United States v. Ali

D.C. Circuit Upholds Charges for Facilitator of Piracy Under Universal Jurisdiction.

In re Morgan

Eleventh Circuit Holds that Miller Is Not Retroactive.

Diaz v. First American Home Buyers Protection Corp.

Ninth Circuit Holds that Unaccepted Rule 68 Offer Does Not Moot Plaintiff's Individual Claims.

Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund

First Circuit Holds Private Equity Fund Is “Trade or Business” Under Multiemployer Pension Plan Amendments Act.

Ferguson v. Secretary, Florida Department of Corrections

Eleventh Circuit Affirms Lower Court Finding that Mentally Ill Prisoner Is Competent to Be Executed.

Recent Publications – February 2014