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. ...
Federal Courts
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Ninth Circuit Adopts Per Se Rule for Modification of Injunctions Based on Superseded Law.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
Wilson v. Houston Community College System
Fifth Circuit Creates Circuit Split by Finding a Legislature’s Censure Can Violate the First Amendment.
Vol. 134 No. 7
United States v. Varner
Fifth Circuit Holds that Courts Cannot Compel Use of Preferred Pronouns.
Vol. 134 No. 6
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.
Vol. 134 No. 5
Interpreting Congress’s Creation of Alternative Remedial Schemes
Vol. 134 No. 4
How far must Congress go to foreclose a preexisting federal remedial scheme? A number of statutes and judicially crafted doctrines offer plaintiffs recourse for...
State Courts and the Federalization of Arbitration Law
Vol. 134 No. 3
Introduction In matters involving commercial arbitration, the nation’s laboratories of democracy have been shut down. The Supreme Court’s string of sweeping preemption decisions concerning...
Judicial Takings, Judicial Federalism, and Jurisprudence: An Erie Problem
Vol. 134 No. 2
The Takings Clause protects against governmental takings of property without just compensation. Traditionally, takings claims have not expanded beyond actions performed by the political...