Separation of Powers
Enforcement Lawmaking and Judicial Review
It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of the judiciary’s role in that expansion:…
Federal Courts
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Federal Courts
Fraudulent Removal
Introduction In TransUnion LLC v. Ramirez, the Supreme Court held that individuals claiming a violation of a federal statute had no standing unless they could show…
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Trademark
Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement
Trademark law and the law of standing have grown apart. Trademark law has expanded to recognize infringement in the absence of concrete harm to trademark owners. Meanwhile, the law of…
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Federal Courts
Uzuegbunam v. Preczewski
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Constitutional Law
Constitutional Waivers by States and Criminal Defendants
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Administrative Law
California v. EPA
Ninth Circuit Adopts Per Se Rule for Modification of Injunctions Based on Superseded Law.
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Constitutional Law
Wilson v. Houston Community College System
Fifth Circuit Creates Circuit Split by Finding a Legislature’s Censure Can Violate the First Amendment.
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Federal Courts
United States v. Varner
Fifth Circuit Holds that Courts Cannot Compel Use of Preferred Pronouns.
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Federal Courts
Juliana v. United States
Ninth Circuit Holds that Developing and Supervising Plan to Mitigate Anthropogenic Climate Change Would Exceed Remedial Powers of Article III Court.
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Federal Courts
Interpreting Congress’s Creation of Alternative Remedial Schemes