Aggregation and the “Universal” Injunction
Vol. 139 No. 8
Introduction A crucial function of judicial review is not only “to say what the law is,” but also to provide the remedies to vindicate...
Civil Procedure
Making the Rules of the Rules of the Game: The Use, Misuse, and Disuse of the Rulemaking Grant in the Act of 1842
Vol. 139 No. 5
Introduction On August 23, 1842, Congress quietly and quickly conferred a broad grant of rulemaking authority on the Supreme Court. The Act of Aug....
Fuld v. Palestine Liberation Organization
Vol. 139 No. 1
Academic commentators agree on little when it comes to personal jurisdiction. But “the one point of consensus is that Supreme Court personal jurisdiction doctrine...
A Court of First View
Vol. 138 No. 2
Abstract The U.S. Supreme Court regularly insists that it is “a court of review, not of first view.” This sentiment is usually deployed as...
Culp v. Commissioner and Tax Court Access for Low-Income Litigants
Statutory deadlines in the tax code have historically been interpreted by the Tax Court as jurisdictional. When a statutory filing deadline is jurisdictional, the...
Defending Consent Decrees in the Wake of Horne v. Flores
Consent decrees have long been used by federal courts to vindicate basic constitutional and civil rights. In the years following the U.S. Supreme Court’s...
What Happened to Traceability?
Response to Proper Parties, Proper Relief
Vol. 137 No. 7
In a Comment here last November, Professors William Baude and Samuel Bray reimagined a twenty-five-year-old trend of state-initiated public law litigation as the consequence...
Equity and the Power of Procedural Supervision
Vol. 137 No. 5
Disputes over procedure have long forced the federal courts to face the limits of their power. In 1825, Chief Justice Marshall wrote that federal...
Calling Balls and Strikes in Prisoner Litigation
Vol. 137 No. 4
“A loose vocabulary,” John Chipman Gray once wrote, “is a fruitful mother of evils.” One of the loosest words in legal vocabulary is also...
Brody v. Fox Broadcasting Co.
Southern District of New York Holds that Fair Use May Be Raised on a Rule 12(B)(6) Motion to Dismiss.
Vol. 137 No. 3