State Action Doctrine
In re Late Fee and Over-Limit Fee Litigation
Ninth Circuit Rejects Due Process Limit on Credit Card Fees.
Fourteenth Amendment: Due Process
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Harvard Law Review Forum
Regarding Re’s Revisionism
Notes on The Due Process Exclusionary Rule
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Criminal Procedure
The Due Process Exclusionary Rule
A new textual foundation for a rule in crisis
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Criminal Law
United States v. McLaurin
Second Circuit Holds Penile Plethysmography Condition Acceptable Only if Defendant-Specific and Narrowly Tailored to Compelling Government Interest.
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Sexuality
Animus and Sexual Regulation
Are laws broadly criminalizing HIV exposure unconstitutional after Romer, Lawrence, and Windsor?
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Education
Morrow v. Balaski
Third Circuit Holds that State Has No Duty to Protect Schoolchildren from Bullying Under the Special Relationship or State-Created Danger Exceptions.
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Criminal Procedure
Juvenile Miranda Waiver and Parental Rights
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Fourteenth Amendment: Due Process
Diop v. ICE/Homeland Security
Third Circuit Holds that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Authorizes Immigration Detention Only for a "Reasonable Period of Time."
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Civil Rights
The New Equal Protection
Over the past decades, the Court has systematically denied constitutional protection to new groups, curtailed it for already covered groups, and limited Congress’s capacity to protect groups through civil rights legislation.…
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Fifth Amendment
Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection