Curtis A. Bradley, John C. Jeffries Jr. & Peter W. Low, Federal Courts and the Law of Federal-State Relations, 2020 Supplement, Foundation Press (9 ed. 2020).
The US Supreme Court has been all over the news for decisions about openly carrying guns in public (yes) and nationwide abortion rights (no). Next... MORE
The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen,... MORE
A decade and a half into its life, we ask: How pro business is the Roberts Court? Using a simple objective measure – how often does business win in... MORE
Justice Breyer’s recent manner of effectuating his retirement points out both a problem and an opportunity. The problem is that there is no settled... MORE
Without question the most important thing about the Dobbs decision is its dramatic impact on the availability of abortion access for women in huge... MORE
Friday’s SCOTUS ruling in Dobbs is devastating news. Yes, it denies women and girls reproductive autonomy, but it also augurs a future where no... MORE
One of the notable trends in the current Supreme Court’s religion jurisprudence is the shrinking of the establishment clause as the free exercise... MORE
Ever since the recent leak of Supreme Court Justice Samuel Alito’s draft opinion in the Dobbs v. Jackson Women’s Health Organization case, the media’... MORE
This Article discusses the ways in which the federal courts do and do not have equity powers. Article III courts have the judicial power, which... MORE
Federal courts are often asked to issue various forms of expedited relief, including stays pending appeal. This Article explores a little examined... MORE
The Supreme Court’s leaked draft opinion in Dobbs indicates the final ruling could have far-reaching consequences beyond upending women’s right to... MORE
The Supreme Court ruled 6-3 on Thursday against a plaintiff seeking emotional distress damages for violation of certain federal anti-discrimination... MORE
The court’s reputation is teetering. Voluntary term limits could save it.
In a few months, Judge Ketanji Brown Jackson will join the Supreme Court as... MORE
Just as the Supreme Court is poised to achieve many of the stated aims of the conservative legal movement, including overturning Roe v. Wade and... MORE
The requirement of harm has significantly impeded the enforcement of privacy law. In most tort and contract cases, plaintiffs must establish that... MORE
For two surreal days this week, I sat next to the family of Judge Ketanji Brown Jackson during hearings on her nomination to the U.S. Supreme Court.... MORE
During his retirement speech at the White House on Thursday , Justice Stephen Breyer directed much of his remarks to the students in the audience. A... MORE
Disagreements about takings claims extend to both substantive and jurisdictional issues. Many advocates of deference to state and local government... MORE
