Proper Parties, Proper Relief
Vol. 137 No. 1
Introduction In the last Term at the United States Supreme Court, standing was the critical question in several major cases: the two challenges to...
Federal Courts
Axon Enterprise, Inc. v. FTC
Vol. 137 No. 1
When an administrative agency initiates an enforcement action, a regulated entity has an array of defenses at its disposal. It might contend it is...
Moore v. Harper
Vol. 137 No. 1
“[T]he biggest threat to US democracy since January 6.” “[A] theory that could upend elections.” “It’s Hard to Overstate the Danger of the Voting...
Reversing Remands: Procedural Uncertainty in a President’s State Criminal Trials
A couple of notable defendants are stuck in state court. State prosecutors have charged former President Donald Trump, his Chief of Staff Mark Meadows,...
Tangibility and Tainted Reliance in Dobbs
Response to Precedent, Reliance, and Dobbs
Vol. 136 No. 7
In Dobbs v. Jackson Women’s Health Organization, the Supreme Court distinguished between different kinds of reliance interests — some that would support preserving a judicial precedent,...
Silva v. Farrish
Second Circuit Confirms Exception to Sovereign Immunity for Tribal Claims Relating to Land and Fishing Rights.
Vol. 136 No. 7
Circuit Approaches to Mootness in the Associational-Standing Context
Vol. 136 No. 5
Organizations may bring claims in federal court in two primary ways. First, an organization, like an individual plaintiff, may bring a claim when it...
Recent Case: Laufer v. Naranda Hotels, LLC
Did tester standing survive the Supreme Court's curtailment of standing in TransUnion LLC v. Ramirez (2021)? The Fourth Circuit recently held that it did, joining two other appellate courts and worsening an existent circuit split.
Shakman v. Pritzker
Seventh Circuit Holds Governor Satisfied Requirements of Fifty-Year-Old Consent Decree.
Vol. 136 No. 4
Standing in the Way: The Courts’ Escalating Interference in Federal Policymaking
Vol. 136 No. 4
The connection between policy and law in the United States rests heavily on the concept and rhetoric of rights. When the government makes a...