Allen v. Milligan
Vol. 137 No. 1
America was founded on ideals of democracy, freedom, and political equality. It was also founded with racialized slavery, and for most of its history...
Civil Rights
Health and Hospital Corporation of Marion County v. Talevski
Vol. 137 No. 1
When states receive funds from the federal government, strings are often attached. For instance, if states wish to receive Medicaid and Medicare funds, the...
Introduction
Labor and Employment
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