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. 136 No. 1 In the words of Justice Kagan, the Supreme Court’s state “sovereign immunity decisions have not followed a straight line.” The Court’s first foray into...
Vol. 136 No. 1 Incarcerated people depend on the state for access to their most basic needs, including the ability to practice religion. Over time, Congress has added...
Vol. 136 No. 1 The United States has an adversarial legal system, meaning the parties to a given lawsuit play a central role in shaping its outcome. It...
Vol. 136 No. 1 Miranda v. Arizona is perhaps the best-known criminal justice decision in American history, bringing the privilege against self-incrimination “to the informal proceedings in the...
Vol. 136 No. 1 Imagine three kinds of statutes: The first limits only signs displaying political messaging. The second restricts only signs directing passersby to nearby events. And...
Vol. 136 No. 1 Across several areas of administrative law, the Roberts Court has made it harder for agencies to exercise power. Chevron deference has gone missing. The...
Vol. 136 No. 1 The Fifth Amendment’s Double Jeopardy Clause protects criminal defendants from facing two prosecutions for the “same offence.” Under the dual-sovereignty doctrine, the Supreme Court...
Vol. 136 No. 1 Fifty-one years ago, in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court announced a cause of action for...
Vol. 136 No. 1 The Armed Career Criminal Act (ACCA) imposes lengthy sentences on those who possess firearms after committing violent felonies on three or more different “occasions.”...
Vol. 136 No. 1 In heraldry, descriptions of flags are to be “most concise, . . . always minutely exact, definite, and explicit.” The same cannot be said for the Free Speech...