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,...
Federal Courts
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...
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.
Vol. 136 No. 3
NLRB v. Constellium Rolled Products Ravenswood, LLC
Fourth Circuit Rejects Jurisdiction to Enforce NLRB Consent Order.
Vol. 136 No. 3
Notwithstanding the Right to Strike: A Canadian Province Defies the Constitution — And Workers Strike Back
The “Notwithstanding Clause,” the common name for section 33 of Canada’s Charter of Rights and Freedoms—the country’s constitutional bill of rights—authorizes time-bound legislation that...