Leading Cases

These student-written pieces focus on one important case decided by the U.S. Supreme Court during the previous Term and form the “Leading Cases” section of the November Supreme Court issue. Comments are ten pages long and written during the summer between students’ second and third years.

Constitutional Law

Counterman v. Colorado

Vol. 137 No. 1 The chilling effect doctrine is “a major substantive component of first amendment adjudication,” but courts’ understanding of chilling effects is limited and narrow. In...
Fifth Amendment

Tyler v. Hennepin County

Vol. 137 No. 1 In Pennsylvania Coal Co. v. Mahon, Justice Holmes observed that “while property may be regulated to a certain extent, if a regulation goes too...
Animal Law

National Pork Producers Council v. Ross

Vol. 137 No. 1 In an increasingly interconnected national economy, the myriad political leanings and morals of political actors result in equally varied — and sometimes diametrically opposed — state laws. Thus,...
Federal Courts

Axon Enterprise, Inc. v. FTC

Vol. 137 No. 1 When an administrative agency initiates an enforcement action, a regulated entity has an array of defenses at its disposal. It might contend it is...
Personal Jurisdiction

Mallory v. Norfolk Southern Railway Co.

Vol. 137 No. 1 The “springboard for our modern personal jurisdiction juris­prudence,” International Shoe Co. v. Washington was “‘canonical,’ ‘seminal,’ ‘pathmarking,’ and even ‘momentous’” — not to mention “transformative.” International...
Constitutional Law

Samia v. United States

Vol. 137 No. 1 The Sixth Amendment Confrontation Clause promotes “the protection of innocence,” due process, and fair trials by extending to criminal defendants the right to cross-examine...
Article III

United States v. Texas

Vol. 137 No. 1 Executive discretion in federal enforcement proceedings is, perhaps, a distinctly American legal tradition. In the eighteenth century, while private litigants dominated criminal actions in...
Article I

Moore v. Harper

Vol. 137 No. 1 “[T]he biggest threat to US democracy since January 6.” “[A] theory that could upend elections.” “It’s Hard to Overstate the Danger of the Voting...