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Federal Courts

Stare Decisis Response

Tangibility and Tainted Reliance in Dobbs

Response to Precedent, Reliance, and Dobbs
Vol. 136 No. 7 May 2023 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,...
  • Rachel Bayefsky
Federal Indian Law Recent Case

Silva v. Farrish

Second Circuit Confirms Exception to Sovereign Immunity for Tribal Claims Relating to Land and Fishing Rights.

Vol. 136 No. 7 May 2023
Federal Courts Note

Circuit Approaches to Mootness in the Associational-Standing Context

Vol. 136 No. 5 March 2023 Organizations may bring claims in federal court in two primary ways. First, an organization, like an individual plaintiff, may bring a claim when it...
Federal Courts Recent Case

Recent Case: Laufer v. Naranda Hotels, LLC

March 8, 2023 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.
Federal Courts Recent Case

Shakman v. Pritzker

Seventh Circuit Holds Governor Satisfied Requirements of Fifty-Year-Old Consent Decree.

Vol. 136 No. 4 February 2023
Federal Courts Note

Standing in the Way: The Courts’ Escalating Interference in Federal Policymaking

Vol. 136 No. 4 February 2023 The connection between policy and law in the United States rests heavily on the concept and rhetoric of rights. When the government makes a...
Civil Procedure Recent Case

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 January 2023
Article III Recent Case

NLRB v. Constellium Rolled Products Ravenswood, LLC

Fourth Circuit Rejects Jurisdiction to Enforce NLRB Consent Order.

Vol. 136 No. 3 January 2023
Foreign & Comparative Law Blog Essay

Notwithstanding the Right to Strike:  A Canadian Province Defies the Constitution — And Workers Strike Back

November 28, 2022 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...
Eleventh Amendment Leading Case

Torres v. Texas Department of Public Safety

Vol. 136 No. 1 November 2022 In the words of Justice Kagan, the Supreme Court’s state “sovereign immunity decisions have not followed a straight line.” The Court’s first foray into...
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