The Contraception Mandate and Religious Freedom
In 2012, the Obama Administration announced its plan to require most American employers to cover the costs of contraception for… Continue reading →
Issue 1
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Catch-All Doctrinalism and Judicial Desire
In a provocative new article, Professors Carlos Vázquez and Stephen Vladeck suggest that courts dismiss Bivens claims because judges believe… Continue reading →
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The Incoherence of Marital Benefits
In United States v. Windsor, the Second Circuit reasoned (no doubt, correctly) that extending federal marriage benefits to all married… Continue reading →
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Commandeering Information (And Informing the Commandeered)
The anti‐commandeering rule just hit its high point. Fifteen years after the Supreme Court last held a law unconstitutional under… Continue reading →
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Finding the Proper Measure for Conditions of Pretrial Confinement
Like Professor Struve, I would welcome courts’ adoption of a rigorous analytical approach to regulating the conditions under which pretrial… Continue reading →
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Article III Double-Dipping: Proposition 8’s Sponsors, BLAG, and the Government’s Interest
A major procedural question looms over the two marriage cases currently before the U.S. Supreme Court: Do the parties who… Continue reading →
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Fracking and Federalism Choice
To date, fracking discourse has focused on whether environmental protections under existing laws ought to be strengthened and whether the… Continue reading →
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(The History of) Criminal Justice as a Morality Play
While Professor O’Hear believes Professor Bibas’s “morality play” concept has some resonance, he argues that Professor Bibas’s historical narrative glosses… Continue reading →
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Property’s Perspective (Or of Whom to be Jealous)
In tort litigation, the plaintiff compares her current situation to the reality she would have enjoyed if an injury had… Continue reading →
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Immigration Preemption after United States v. Arizona
In the last several years, state and local governments have passed laws that attempt to “get tough on undocumented migrants.”… Continue reading →