Vol. 139 No. 1 In the U.S. criminal justice system, a court’s discussion of mental health diagnoses can perpetuate harmful stereotypes about such conditions. Recently, in Glossip v....
Vol. 139 No. 1 Federal Statutes and Regulation The Americans with Disabilities Act of 1990 (ADA) “provide[s] a clear and comprehensive national mandate for the elimination of discrimination...
Vol. 139 No. 1 Being poor in America is taxing. For decades, claimants seeking assistance from social support programs have navigated bureaucratic processes and endured significant delays. In...
Vol. 139 No. 1 Sixteen years ago, Justice Scalia warned of an “evil day on which the [Supreme] Court will have to confront the question: Whether, or to...
Vol. 139 No. 1 Civil litigants presumptively bear their own costs. Only “express statutory authorization” can justify a departure from the default “principle that ‘the prevailing litigant is...
Vol. 139 No. 1 On a spring night in 1973, armed invaders busted down the doors of two Collinsville, Illinois, families’ homes. The men shackled and pointed guns...
Vol. 139 No. 1 At the same time that Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.’s regime of deference to...
Vol. 139 No. 1 If there were ever a “First Commandment” of the federal judiciary, one candidate might be an oft-quoted phrase from Marbury v. Madison: “It is...
Vol. 139 No. 1 The legal world abhors a vacuum. Thus, when the Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., “a leading decision...
Vol. 139 No. 1 Corporate actors are not incentivized to mitigate externalized harms if the harm-causing activity is profitable. Tort law provides a means of changing those incentives...