The Contract Clause: Reawakened in the Age of COVID-19
Vol. 136 No. 8
Article I, section 10, clause 1 of the Constitution introduces a litany of limitations on state power. States cannot, inter alia, “grant Letters of...
Constitutional Remedies
Mack v. Williams
En Banc Nevada Supreme Court Recognizes Implied Right of Action for Damages Under State Constitution.
Vol. 136 No. 8
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. . . .
Necessity Takings in the Era of Climate Change
Vol. 136 No. 3
The American West has been in the midst of a megadrought for the last two decades — the worst it has experienced in at least 1200...
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...
Lindenbaum v. Realgy, LLC
Sixth Circuit Holds that Severed Provisions Cannot be Applied to Violations Predating Severance
Vol. 135 No. 7
Tanzin v. Tanvir
Vol. 135 No. 1
When a federal officer violates somebody’s constitutional rights, what remedies are appropriate for a court to grant? In the landmark case Bivens v. Six...
Hernández v. Mesa
Vol. 134 No. 1
In its landmark decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court held that a federal agent’s...
Hernandez v. United States
Second Circuit Rules State Constitutional Torts Not Cognizable Under the Federal Tort Claims Act.
Vol. 133 No. 6
Perez v. Abbott
Western District of Texas Refuses to Subject State of Texas to Preclearance.
Vol. 133 No. 5