Harvard Law Review
In the words of Justice Kagan, the Supreme Court’s state “sovereign immunity decisions have not followed a straight line.”Torres v. Tex. Dep’t of Pub. Safety, 142 S. Ct. 2455, 2469…
Incarcerated people depend on the state for access to their most basic needs, including the ability to practice religion. Over time, Congress has added protections for their religious exercise, first…
The United States has an adversarial legal system, meaning the parties to a given lawsuit play a central role in shaping its outcome.See McNeil v. Wisconsin, 501 U.S. 171, 181…
Miranda v. Arizona is perhaps the best-known criminal justice decision in American history,See Dickerson v. United States, 530 U.S. 428, 443 (2000) (“Miranda has become . . . part of our…
Imagine three kinds of statutes: The first limits only signs displaying political messaging. The second restricts only signs directing passersby to nearby events. And the third regulates only signs advertising…
Across several areas of administrative law, the Roberts Court has made it harder for agencies to exercise power. Chevron deference has gone missing.See infra p. 480 (noting that last Term,…
The Fifth Amendment’s Double Jeopardy Clause protects criminal defendants from facing two prosecutions for the “same offence.”U.S. Const. amend. V (“No person shall . . . be subject for the same offence to be…
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 money damages against…
The Armed Career Criminal Act (ACCA) imposes lengthy sentences on those who possess firearms after committing violent felonies on three or more different “occasions.” Last…
In heraldry, descriptions of flags are to be “most concise, . . . always minutely exact, definite, and explicit.” The…