Vol. 138 No. 5 The United States operates the largest immigration detention system in the world. Immigrants and watchdog groups have reported poor conditions of confinement, including medical mistreatment and neglect, inadequate nutrition, unsanitary conditions, and overcrowding. To challenge these conditions of confinement...
Vol. 138 No. 5 How should the law respond to intentionally useless objects that are constructed from scarce materials and thrust into an overcrowded world? Approximately sixty million tons of electronic waste, or “e-waste” — for example, discarded iPhones, refrigerators, desktop computers — is produced each year.
Vol. 138 No. 4 This Article explores Founding-era views about the grounding of constitutional rights and how those rights obtained determinate legal content. Today, we typically view constitutional rights as textually grounded, gaining their force through ratification, and we treat the task of determining their content as a question of law — that is, a question for judges to decide using legal criteria.
Vol. 138 No. 4 Throughout the nineteenth century and much of the twentieth, remedies for federal government misconduct were often predicated on rights to sue conferred by such common law forms as trespass, assumpsit, and ejectment. But Erie, the law-equity merger, and other factors pushed those common law forms to the side.
Vol. 138 No. 2 Abstract There’s a new front in the IP rhetoric wars. Plaintiffs in “Schedule A” cases tell judges that they need to secretly seize the...
Vol. 138 No. 2 Abstract The U.S. Supreme Court regularly insists that it is “a court of review, not of first view.” This sentiment is usually deployed as...
Vol. 137 No. 8 Abstract Today, the idea that the President possesses at least some constitutional authority to direct administrative action is accepted by the courts, Congress, and...
Vol. 137 No. 8 Abstract A federal statute restricts the habeas corpus remedy, but do federal judges also have equitable discretion to deny relief to unlawfully detained prisoners?...
Vol. 137 No. 7 For digital images of the original records used in this Article and further information about bail in the Founding Era, please visit bailatthefounding.net. Abstract...
Vol. 137 No. 6 Abstract For decades, a question has simmered in criminal procedure: Can the Fourth Amendment seizure analysis account for a suspect’s race? Scholars have long...
