Vol. 139 No. 1 Being poor in America is taxing. For decades, claimants seeking assistance from social support programs have navigated bureaucratic processes and endured significant delays. In...
Response to Federal Tort Liability After Egbert v. Boule: The Case for Restoring the Officer Suit at Common Law
Vol. 138 No. 5 In the decade after Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court twice recognized implied causes of action...
Vol. 138 No. 4 Throughout the nineteenth century and much of the twentieth, remedies for federal government misconduct were often predicated on rights to sue conferred by such common law forms as trespass, assumpsit, and ejectment. But Erie, the law-equity merger, and other factors pushed those common law forms to the side.
Vol. 138 No. 4 Introduction A high school biology teacher was traveling on a train from Nantes to Paris. She had with her, in a wicker basket, twenty...
Vol. 138 No. 2 Abstract The U.S. Supreme Court regularly insists that it is “a court of review, not of first view.” This sentiment is usually deployed as...
Vol. 138 No. 2 The Seventh Amendment stands on uneasy footing outside of Article III courts. Over 150 years of case law confirm that proposition. And SEC v....
Statutory deadlines in the tax code have historically been interpreted by the Tax Court as jurisdictional. When a statutory filing deadline is jurisdictional, the...
Vol. 138 No. 1 The law of constitutional remedies is tightly coupled with the law of equity. In the early twentieth century, suits in equity became the “normal...
