Harvard Law Review
Introduction In their welcome new article, Justin Driver and Emma Kaufman offer a provocative take on American prison law: that it is “fundamentally incoherent.”Justin Driver & Emma Kaufman, The Incoherence…
Eighth Circuit Finds State Representative Not a State Actor When Blocking Constituents on Twitter
In the summer of 2020, the city of Somerville, Massachusetts, passed the first multiple-partner domestic partnership ordinance in the country.Jeremy C. Fox, Somerville Recognizes Polyamorous Relationships in New Domestic Partnership…
First Circuit Upholds Warrantless, Suspicionless Searches of Electronic Devices at the Border
Ninth Circuit Denies Rehearing En Banc to Consider Whether a Miranda Violation Can Give Rise to a Claim under § 1983
It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of the judiciary’s role in that expansion:…
Private markets for individual data have received significant and sustained attention in recent years. But data markets are not for the private sector alone. In the public sector, the federal…
In 2010, the New York Police Department arrested sixteen-year-old Kalief Browder on suspicion of stealing a backpack.Jennifer Gonnerman, Before the Law, New Yorker (Sept. 29, 2014), https://www.newyorker.com/magazine/2014/10/06/before-the-law [https://perma.cc/K3WV-776H]. Browder maintained…
Second Circuit Rules Prohibition of Firearms Possession by Undocumented Immigrants Passes Intermediate Scrutiny
Are rural communities powerful or powerless? This question arises regularly in today’s national public and scholarly discourses. The collective interest in the issue of rural power stems in large part…