Vol. 138 No. 7 In response to the nationwide affordable housing crisis, several states have attempted to boost construction by liberalizing zoning. These reforms have been frequently challenged...
Vol. 138 No. 5 It has become increasingly difficult for civil rights plaintiffs to vindicate their rights in federal court. Barriers to successful lawsuits are plentiful. Qualified immunity...
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. 2 The Equal Protection Clause generally forbids the government from making distinctions based on race or other suspect classifications, like religion. But, of course, discrimination...
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...
Consent decrees have long been used by federal courts to vindicate basic constitutional and civil rights. In the years following the U.S. Supreme Court’s...
Vol. 138 No. 1 Deference to agencies is in disfavor. And while the demise of Chevron has dominated legal discourse, the Supreme Court’s evolving views on agency deference...
