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 →
Volume 161 (2012-2013)
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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 →
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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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Localist Statutory Interpretation
The average citizen’s point of contact with the judicial system as a litigant is, most likely, in the nation’s municipal,… Continue reading →
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Neighborhood Empowerment and the Future of the City
In any given metropolitan region, scores of municipalities are locked in a zero-sum struggle for mobile sources of jobs and… Continue reading →
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The Conditions of Pretrial Detention
The Supreme Court has set forth in detail the standards that govern convicted prisoners’ Eighth Amendment claims concerning their conditions… Continue reading →
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The State and the “Psycho Ex-Wife”: Parents’ Rights, Children’s Interests, and the First Amendment
On June 6, 2011, a judge in a small Pennsylvania county courthouse issued a custody order and started a firestorm.… Continue reading →