Jurisdiction and Judicial Self‐Defense
Although State of Washington v. Trump has generated enormous attention, the Ninth Circuit, the parties, and legal commentators have largely… Continue reading →
Issue 1
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How the U.S. Sentencing Commission Considers Retroactivity
In a recent Essay, Professor Litman and Mr. Beasley provide a detailed discussion of how they believe the U.S. Sentencing… Continue reading →
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Hurricanes, Fraud, and Insurance: The Supreme Court Weighs in on, But Does Not Wade into, the Concurrent Causation Conundrum in State Farm Fire and Casualty Company v. Rigsby
In a recent Supreme Court decision, State Farm v. Rigsby, a homeowner’s house was damaged by Hurricane Katrina. The homeowner… Continue reading →
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The Decline of the Fish/Mammal Distinction?
The public/private distinction was “slain” in 1982. That year, at the Symposium of the University of Pennsylvania Law Review, Professor… Continue reading →
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The Future of Fast Food Governance
The Fast Food Forward movement has swelled into one of the largest protests by low‐wage workers in U.S. history, animating… Continue reading →
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Something to Talk About: Information Exchange Under Employment Law
To avoid the appearance of sex discrimination that would violate Title VII of the Civil Rights Act, Equal Employment Opportunity… Continue reading →
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Spelling Out Spokeo
The modern law of Article III standing in federal courts constitutes an enduring conundrum. It rests on “an idea, which… Continue reading →
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Things Left Unsaid, Questions Not Asked
The University of Pennsylvania Law Review’s symposium on executive discretion is an important undertaking, but it is remarkable for several… Continue reading →
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In Defense of Lowering the Voting Age
In 2016, voters in Berkeley, California, overwhelmingly favored lowering the voting age for school board elections to sixteen. San Francisco… Continue reading →
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How the Sentencing Commission Does and Does Not Matter in Beckles v. United States
Two years ago, in Johnson v. United States, the Supreme Court held that the so‐called “residual clause” of the Armed… Continue reading →