Dialectal Due Process
Vol. 136 No. 7
The principle of the arbitrariness of the sign is not doubted by anyone, but it is often easier to discover a truth than to...
Civil Procedure
Mayor of Baltimore v. BP P.L.C.
Fourth Circuit Declines to Apply Federal Common Law for Municipal Climate Change Lawsuit.
Vol. 136 No. 4
United States v. Moore-Bush
First Circuit Divides on Constitutionality of Warrantless Pole-Camera Surveillance of Home's Curtilage.
Vol. 136 No. 4
Drazen v. Pinto
Eleventh Circuit Holds that Absent Class Members Must Satisfy Article III Standing at the Class Certification Phase for Settlement-Only Class Action.
Vol. 136 No. 3
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.
Vol. 136 No. 3
Berger v. North Carolina State Conference of the NAACP
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...
The Democratic (Il)legitimacy of Assembly-Line Litigation
Introduction Millions of debt cases are filed in the civil courts every year. In debt actions, asymmetrical representation is the norm, with the plaintiff...
Private Attorneys General and the Defendant Class Action
Vol. 135 No. 5
In 2021, Texas enacted a new antiabortion law. The law, SB 8, garnered attention for its dramatic curtailment of abortion rights. But, more esoterically,...
Enforcement Lawmaking and Judicial Review
Vol. 135 No. 4
It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of...
Fraudulent Removal
Vol. 135 No. 2
Introduction In TransUnion LLC v. Ramirez, the Supreme Court held that individuals claiming a violation of a federal statute had no standing unless they...