Vol. 136 No. 5 Immunity doctrines have received increased scrutiny in recent years, both in academic scholarship and in the popular press. While the overwhelming majority of the...
Vol. 136 No. 5 “It is a settled and invariable principle,” Chief Justice Marshall once wrote, “that every right, when withheld, must have a remedy.” Not quite. Although some view the idea of a substantive constitutional right without a remedy as oxymoronic, rights to remedies have always had a precarious constitutional status, which the Supreme Court has lately subjected to multifaceted subversion. . . .
Vol. 136 No. 4 Racial terrorism by organized hate groups and “lone wolf” vigilantes presents a growing societal danger. Increasingly, the planning and recruitment for such plots occur...
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...
Introduction In their welcome new article, Justin Driver and Emma Kaufman offer a provocative take on American prison law: that it is “fundamentally incoherent.”...
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,...