DeVillier v. Texas
Vol. 138 No. 1
The law of constitutional remedies is tightly coupled with the law of equity. In the early twentieth century, suits in equity became the “normal...
Constitutional Remedies
The New Negative Habeas Equity
Vol. 137 No. 8
Abstract A federal statute restricts the habeas corpus remedy, but do federal judges also have equitable discretion to deny relief to unlawfully detained prisoners?...
K & R Contractors, LLC v. Keene
Fourth Circuit Declines to Consider Constitutionality of Removal Protections Because of Lack of Injury.
Vol. 137 No. 7
J.W. v. Paley
Fifth Circuit Rejects a Corporal Punishment Claim for Tasing by School Police Officer.
Vol. 137 No. 5
Drag Queens, The First Amendment, and Expressive Harms
Vol. 137 No. 5
Introduction When this Note speaks of drag, it will speak of joy. It will speak of brunch servers, preschool teachers, construction workers, opera singers,...
Burnett v. Smith
Iowa Supreme Court Refuses to Recognize Implied Causes of Action for Damages Under State Constitution.
Vol. 137 No. 3
Mack v. Williams
En Banc Nevada Supreme Court Recognizes Implied Right of Action for Damages Under State Constitution.
Vol. 136 No. 8
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: 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...