Constitutional Law
Constitutional Waivers by States and Criminal Defendants
Federal Courts
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Administrative Law
California v. EPA
Ninth Circuit Adopts Per Se Rule for Modification of Injunctions Based on Superseded Law.
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Constitutional Law
Wilson v. Houston Community College System
Fifth Circuit Creates Circuit Split by Finding a Legislature’s Censure Can Violate the First Amendment.
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Federal Courts
United States v. Varner
Fifth Circuit Holds that Courts Cannot Compel Use of Preferred Pronouns.
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Federal Courts
Juliana v. United States
Ninth Circuit Holds that Developing and Supervising Plan to Mitigate Anthropogenic Climate Change Would Exceed Remedial Powers of Article III Court.
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Federal Courts
Interpreting Congress’s Creation of Alternative Remedial Schemes
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Federal Arbitration Act
State Courts and the Federalization of Arbitration Law
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Constitutional Law
Judicial Takings, Judicial Federalism, and Jurisprudence: An Erie Problem
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Federal Courts
Adjudication Outside Article III
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Equity
The Lost History of the “Universal” Injunction