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.
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...
Vol. 138 No. 1 The Appropriations Clause provides that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” In CFPB v....
Vol. 138 No. 1 Americans with disabilities rely heavily on private enforcement to ensure their access to public accommodations. Recent decisions in various circuit courts have brought into...
Vol. 138 No. 1 Since the Supreme Court in Dobbs v. Jackson Women’s Health Organization overturned the constitutional right to have an abortion, there has been a rise...
Vol. 138 No. 1 The Supreme Court has traditionally emphasized its duty to resolve specific “Cases” or “Controversies,” and not to declare general principles of law wholly unmoored...
