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...