Second Amendment
Race and Guns, Courts and Democracy
Is racism in gun regulation reason to look to the Supreme Court to expand Second Amendment rights? While discussion of race and guns recurs across the briefs in New York…
Federal Courts
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Second Amendment
Racist Gun Laws and the Second Amendment
For a significant portion of American history, gun laws bore the ugly taint of racism.On the racist history of gun laws, see generally Clayton E. Cramer, The Racist Roots of…
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Fourth Amendment
The Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018-2021
The full text of this Article may be found by clicking on the PDF link to the left. Fourth Amendment law is in flux. The Supreme Court recently established, in…
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Criminal Justice Reform
Policing Mass Incarceration
In Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights, Dean Erwin Chemerinsky issues an indictment of the Supreme Court, charging that institution with facilitating undue…
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Civil Rights
The Coherence of Prison Law
Introduction In their welcome new article, Justin Driver and Emma Kaufman offer a provocative take on American prison law: that it is “fundamentally incoherent.”Justin Driver & Emma Kaufman, The Incoherence…
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Habeas Corpus
A Textual Argument for Challenging Conditions of Confinement Under Habeas
As the COVID-19 pandemic has spread through prisons, jails, and other detention facilities in the United States, it has brought new attention to a decades-old issue of whether challenges to…
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Federal Courts
Private Attorneys General and the Defendant Class Action
In 2021, Texas enacted a new antiabortion law. The law,…
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Separation of Powers
Enforcement Lawmaking and Judicial Review
It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of the judiciary’s role in that expansion:…
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Federal Courts
Fraudulent Removal
Introduction In TransUnion LLC v. Ramirez, the Supreme Court held that individuals claiming a violation of a federal statute had no standing unless they could show…
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Trademark
Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement
Trademark law and the law of standing have grown apart. Trademark law has expanded to recognize infringement in the absence of concrete harm to trademark owners. Meanwhile, the law of…