Introduction
Labor and Employment
Civil Rights
Judicial Immunity at the (Second) Founding: A New Perspective on § 1983
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...
Constitutional Remedies: In One Era and Out the Other
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. . . .
Ziccarelli v. Dart
Seventh Circuit Entrenches Conduct Categories for FMLA Interference Claims.
Vol. 136 No. 5
The Anti-Klan Act in the Twenty-First Century
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...
A Label Covering a “Multitude of Sins”: The Harm of National Security Deference
Forum response to Professor Chesney's Comment
Response to No Appetite for Change: The Supreme Court Buttresses the State Secrets Privilege, Twice
Vol. 136 No. 1
Egbert v. Boule
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...
Rollerson v. Brazos River Harbor Navigation District
Fifth Circuit Judges Cast Doubt on Environmental Justice Suits
Vol. 135 No. 7
The Coherence of Prison Law
Introduction In their welcome new article, Justin Driver and Emma Kaufman offer a provocative take on American prison law: that it is “fundamentally incoherent.”...
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,...