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
Federal Courts
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...
Torres v. Texas Department of Public Safety
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...
Egbert v. Boule
Vol. 136 No. 1
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...
Garland v. Aleman Gonzalez
Vol. 136 No. 1
“[T]he court seems to churn along as usual, and I see my friends’ rights trampled in the process,” observed an immigrant detained at the...
Patel v. Garland
Vol. 136 No. 1
Can limits on judicial review exist within a “regime of law and . . . constitutional government?” Just ask noncitizens, millions of whom are deportable at the stroke...
Shinn v. Ramirez
Vol. 136 No. 1
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...
Race and Guns, Courts and Democracy
Vol. 135 No. 8
Is racism in gun regulation reason to look to the Supreme Court to expand Second Amendment rights? While discussion of race and guns recurs...
Racist Gun Laws and the Second Amendment
Vol. 135 No. 8
For a significant portion of American history, gun laws bore the ugly taint of racism. The founding generation that wrote the Second Amendment had...