Sims v. Hyatte
Seventh Circuit Grants Habeas Relief Under 28 U.S.C. § 2254(d) to Petitioner Alleging Brady Violation Due to Hidden Evidence of Witness Hypnosis.
Vol. 133 No. 2
Federalism
The Sovereign Self-Preservation Doctrine in Environmental Law
Vol. 133 No. 2
Federal, state, and tribal sovereignties comingle in our “compound republic of America.” Imagine that one of these sovereigns, or its citizens, threatens the health...
Franchise Tax Board v. Hyatt
Vol. 133 No. 1
The Constitution contains no textual provision addressing interstate sovereign immunity. Nonetheless, courts have been wrestling with the implications of that silence for over a...
The War Over Vehicle Emission Standards: Uncooperative Federalism?
In September, the war against stronger vehicle emission standards got real. We went from two and a half years of escalating rhetoric between the...
S.B. 263, 154th Gen. Assemb., Reg. Sess. (Ga. 2018)
Georgia Authorizes the Creation of the City of Eagle’s Landing.
Vol. 132 No. 8
States’ Commandeered Convictions: Why States Should Get a Veto Over Crime-Based Deportation
Vol. 132 No. 8
Federal immigration enforcement turns increasingly on criminal law outcomes, with criminal convictions triggering deportability, detention, and ineligibility for discretionary relief. In fiscal year 2018,...
Recent Case: St. Joan Antida High School Inc. v. Milwaukee Public School District
“[E]very generation or so a case comes along when this Court needs to say enough is enough,” Chief Justice Roberts wrote in 2012, “if...
Association for Accessible Medicines v. Frosh
Fourth Circuit Invalidates Maryland Statute Regulating Price Gouging in the Sale of Generic Drugs.
Vol. 132 No. 6
Recent Case: Rosenberg Development Corp. v. Imperial Performing Arts, Inc.
Gone are the days of absolute sovereign immunity. The king can now (sometimes) do wrong. Governments today consent to liability and can have their...
An Abdication Approach to State Standing
Vol. 132 No. 4
During the Obama and Trump Administrations, state litigation has emerged as a powerful new tool for challenging federal policy. President Obama’s eight years in...