Private Attorneys General and the Defendant Class Action
Vol. 135 No. 5
In 2021, Texas enacted a new antiabortion law. The law, SB 8, garnered attention for its dramatic curtailment of abortion rights. But, more esoterically,...
Federal Courts
Separation-of-Powers Suits in the Post-Trump Era
Introduction Professor Payvand Ahdout’s article, Enforcement Lawmaking and Judicial Review, makes a powerful case that, contrary to the views of many scholars, federal courts...
Enforcement Lawmaking and Judicial Review
Vol. 135 No. 4
It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of...
Fraudulent Removal
Vol. 135 No. 2
Introduction In TransUnion LLC v. Ramirez, the Supreme Court held that individuals claiming a violation of a federal statute had no standing unless they...
Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement
Vol. 135 No. 2
Trademark law and the law of standing have grown apart. Trademark law has expanded to recognize infringement in the absence of concrete harm to...
Uzuegbunam v. Preczewski
Vol. 135 No. 1
Scholars often analyze exercises of judicial review as a tension between two models of adjudication: the “dispute resolution model,” which limits federal courts to...
Calderon v. SIXT Rent a Car, LLC
Almost one hundred years after the Federal Arbitration Act (FAA)'s enactment, a long-overlooked limit in its text is attracting the attention of federal judges. ...
Enough is Not Enough: Reflection on Sexual Harassment in the Federal Judiciary
Vol. 134 No. 8
By late 2019, my husband and I decided that we were actually going to try to have a child in 2020. Not in the...
Constitutional Waivers by States and Criminal Defendants
Vol. 134 No. 7
Where there is a right, there is (usually) a way to waive it. Where there is a waiver, the question of its validity arises....
California v. EPA
Ninth Circuit Adopts Per Se Rule for Modification of Injunctions Based on Superseded Law.
Vol. 134 No. 7