Vol. 139 No. 8 Introduction That federal courts resolve only “Cases” and “Controversies” when assessing the legality of government policies is increasingly a myth. Many cases decided by...
Vol. 139 No. 8 Introduction In a time of “constitutional crisis, scholars are asking how federal courts can preserve a basic “imperative” of constitutional structure: “[A] system of...
Vol. 139 No. 8 Introduction The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats...
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 The current President of the United States has a relationship with the law that is casual at best and contemptuous at worst. Whether the...
Vol. 138 No. 4 Throughout the nineteenth century and much of the twentieth, remedies for federal government misconduct were often predicated on rights to sue conferred by such common law forms as trespass, assumpsit, and ejectment. But Erie, the law-equity merger, and other factors pushed those common law forms to the side.
Vol. 138 No. 2 Since 1946, the Federal Tort Claims Act (FTCA) has waived the government’s sovereign immunity for damages claims brought against the United States for the...
Consent decrees have long been used by federal courts to vindicate basic constitutional and civil rights. In the years following the U.S. Supreme Court’s...
Vol. 138 No. 1 “Poverty and immorality are not synonymous,” the Supreme Court once observed. A set of laws that would restrict where “the poor and the unpopular...
