Civil Procedure
Mayor of Baltimore v. BP P.L.C.
Fourth Circuit Declines to Apply Federal Common Law for Municipal Climate Change Lawsuit.
Civil Procedure
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Fourth Amendment
United States v. Moore-Bush
First Circuit Divides on Constitutionality of Warrantless Pole-Camera Surveillance of Home's Curtilage.
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Personal Jurisdiction
Waters v. Day & Zimmermann NPS, Inc.
First Circuit Holds that Federal Rule of Civil Procedure 4(k)(1)(a)'s Territorial Constraints Apply to Only the Initial Service of Process.
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Civil Procedure
Berger v. North Carolina State Conference of the NAACP
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…
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State Courts
The Democratic (Il)legitimacy of Assembly-Line Litigation
Introduction Millions of debt cases are filed in the civil courts every year.See Pew Charitable Trs., How Debt Collectors Are Transforming the Business of State Courts 5–8 (2020), https://www.pewtrusts.org/-/media/assets/2020/06/debt-collectors-to-consumers.pdf [https://perma.cc/N99W-VGAA];…
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Separation of Powers
Enforcement Lawmaking and Judicial Review
It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of the judiciary’s role in that expansion:…
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Federal Courts
Fraudulent Removal
Introduction In TransUnion LLC v. Ramirez, the Supreme Court held that individuals claiming a violation of a federal statute had no standing unless they could show…
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Administrative Law
California v. EPA
Ninth Circuit Adopts Per Se Rule for Modification of Injunctions Based on Superseded Law.
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Appellate Procedure
New York v. U.S. Department of Justice
Second Circuit Declines to Rehear Immigration Case En Banc, Despite Circuit Split.
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Class Actions
Ramirez v. TransUnion LLC
Ninth Circuit Holds that Absent Class Members Must Satisfy Article III Standing at the Damages Phase of a Class Action.