Personal Jurisdiction
Waters v. Day & Zimmermann NPS, Inc.
First Circuit Holds that Federal Rule of Civil Procedure 4(k)(1)(a)'s Territorial Constraints Apply to Only the Initial Service of Process.
Federal Courts
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Article III
NLRB v. Constellium Rolled Products Ravenswood, LLC
Fourth Circuit Rejects Jurisdiction to Enforce NLRB Consent Order.
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Eleventh Amendment
Torres v. Texas Department of Public Safety
In the words of Justice Kagan, the Supreme Court’s state “sovereign immunity decisions have not followed a straight line.”Torres v. Tex. Dep’t of Pub. Safety, 142 S. Ct. 2455, 2469…
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Bivens Claims
Egbert v. Boule
Fifty-one years ago, in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court announced a cause of action for money damages against…
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Habeas Corpus
Shinn v. Ramirez
Ten years ago, the Supreme Court held in Martinez v. Ryan that ineffective assistance of postconviction counsel, in an initial-review proceeding, may establish cause for a habeas…
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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…
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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…