Noncitizens’ Access to Federal District Courts: the Narrowing of § 1252(b)(9) Post-Jennings
When can a noncitizen bring her claims directly before a federal district court? The answer is complicated, due in large… Continue reading →
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When Play Becomes Work: Child Labor Laws in the era of “Kidfluencers”
In the past few years, “kidfluencers,” or children with large social media followings, have been integral to the rise of… Continue reading →
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Outrageous Government (Mis)Conduct: Due Process as a Defense in Paid-Sex Sting Operations
After paying for sex, the man was not charged with prostitution or solicitation: in fact, he was not charged at… Continue reading →
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Are There Really “Plenty of Shapiros Out There”? A Comment on the Courage of Norma L. Shapiro – Part Two
Let us begin with Harris v. Pernsley, the controversial case for which Judge Shapiro reluctantly attracted perhaps the most national… Continue reading →
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The Case Against MDL Rulemaking
There is currently no uniform set of federal rules governing MDL proceedings. But this could soon change. In November 2017,… Continue reading →
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A Doctrine Without Exception: Critiquing an Immigration Exception to the Anticommandeering Rule
Federal courts across the country have heard numerous lawsuits about the legality of “sanctuary cities,” which limit cooperation with the… Continue reading →
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Availability of Tolling in a Presidential Prosecution
There have been only a few instances in the history of the United States when the conduct of the President… Continue reading →
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Finality and Foreclosure: Determining a Homeowner’s Ability to Appeal in Mortgage Foreclosure Cases
The 2008 Great Recession arose from a massive, wide-scale disruption to the United States housing market. In the years leading up to it,… Continue reading →
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Confronting Justice Head-On: The Role of States in Protecting Face-to-Face Confrontation
The Confrontation Clause of the Sixth Amendment provides: “In all criminal prosecutions, the accused shall enjoy the right . .… Continue reading →
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Juvenile Due Process: Applying Contract Principles to Ensure Voluntary Criminal Confessions
Recognition that juveniles are limited in their decisionmaking informs most areas of the law. In recent years, the Supreme Court… Continue reading →