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,...
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...
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.
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...
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...
Vol. 136 No. 1 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...