W(h)ither Bivens
While we agree with Vázquez and Vladeck on many points and have great admiration for their work, we disagree with… Continue reading →
While we agree with Vázquez and Vladeck on many points and have great admiration for their work, we disagree with… Continue reading →
In 2012, the Obama Administration announced its plan to require most American employers to cover the costs of contraception for… Continue reading →
In a provocative new article, Professors Carlos Vázquez and Stephen Vladeck suggest that courts dismiss Bivens claims because judges believe… Continue reading →
Like Professor Struve, I would welcome courts’ adoption of a rigorous analytical approach to regulating the conditions under which pretrial… Continue reading →
In United States v. Windsor, the Second Circuit reasoned (no doubt, correctly) that extending federal marriage benefits to all married… Continue reading →
The anti‐commandeering rule just hit its high point. Fifteen years after the Supreme Court last held a law unconstitutional under… Continue reading →
On June 6, 2011, a judge in a small Pennsylvania county courthouse issued a custody order and started a firestorm.… Continue reading →
While it is easy for us to recognize a tangible object as property, we are less comfortable recognizing an intangible… Continue reading →
The average citizen’s point of contact with the judicial system as a litigant is, most likely, in the nation’s municipal,… Continue reading →
In any given metropolitan region, scores of municipalities are locked in a zero-sum struggle for mobile sources of jobs and… Continue reading →