Precedent, Reliance, and Dobbs
Vol. 136 No. 7
Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...
Due Process
Dialectal Due Process
Vol. 136 No. 7
The principle of the arbitrariness of the sign is not doubted by anyone, but it is often easier to discover a truth than to...
Separation of Powers and Thuraissigiam: The Entry Fiction as Judicial Aggrandizement
Vol. 136 No. 3
In Department of Homeland Security v. Thuraissigiam, the Supreme Court rejected Vijayakumar Thuraissigiam’s challenge to the procedurally threadbare “expedited removal” he faced. The Court...
Texas Anti-Transgender Policy: Medically and Constitutionally Unsound A.G. Opinion Wields Trans Youth as Political Pawns
Ignore the medical needs of your children or the government will take them from you. This was the message Texas Governor Greg Abbott sent...
The Right to Be Free from Arbitrary Probation Detention
Vol. 135 No. 4
In 2010, the New York Police Department arrested sixteen-year-old Kalief Browder on suspicion of stealing a backpack. New York City jailed Browder for three...
Doe v. University of the Sciences
Third Circuit Holds Pennsylvania Law Guarantees a “Real, Live, and Adversarial Hearing.
Vol. 134 No. 7
Swain v. Junior
Eleventh Circuit Holds that a Florida Jail Was Not Deliberately Indifferent to the Spread of COVID-19.
Vol. 134 No. 7
Affirmative Duties in Immigration Detention
Vol. 134 No. 7
Detention has become an undeniably central part of immigration enforcement today. In principle, the constitutional right to be free from deprivation of “life, liberty,...
United States v. Vaello-Madero
First Circuit Affirms that Unequal Federal Benefits Program in Puerto Rico Violates Fifth Amendment.
Vol. 134 No. 3
Adjudication Outside Article III
Vol. 133 No. 5
Article III requires federal judges who exercise federal jurisdiction to be given life tenure and undiminished compensation, limiting Congress’s ability to influence the judiciary....