Vol. 139 No. 8 Introduction Buried in Harlow v. Fitzgerald, the Supreme Court’s leading decision on qualified immunity, a largely overlooked phrase invokes a mostly forgotten distinction in...
Vol. 139 No. 8 Introduction The current Administration’s detention of individuals in foreign prisons — claiming afterward to have no power over their treatment or return — represents just one example of...
Response to Federalism and the New National Security
Vol. 139 No. 4 Professors Ashley Deeks and Kristen Eichensehr have written a fine article that significantly advances discussion of national security federalism. The increase in state and...
Vol. 139 No. 3 When military officers have been tried for grave atrocities, from the Holocaust to the My Lai Massacre, some have claimed that they were “only...
Response to Antisemitism, Anti-Zionism, and Title VI: A Guide for the Perplexed
Vol. 139 No. 2 After the attack on Israel of October 7, 2023, a new protest movement erupted on America’s campuses. Unlike the protests of previous decades, these...
Vol. 139 No. 1 Professor Richard Re’s Foreword pursues a comparison between the Warren Court and the current Court in the hope that “[s]eeing the similarities between these...
Vol. 139 No. 1 If the Warren Court reflected nearly twenty years of jurisprudence dismantling ugly systems of oppression and institutional injustice that embedded invidious practices and policies into American law and society...
Vol. 139 No. 1 Civil litigants presumptively bear their own costs. Only “express statutory authorization” can justify a departure from the default “principle that ‘the prevailing litigant is...
Vol. 139 No. 1 The past eighteen months have seen an unprecedented wave of claims by public officials and private plaintiffs that universities are violating their legal obligations...
