Systemic Failure to Appear in Court
This Article aims to reorient the conversation around “failure-to-appear” (FTA) in criminal court. Recent policy and scholarship have addressed FTA… Continue reading →
Volume 172 (2023-2024)
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Cohesive Class Actions
The Rule 23(b)(2) class action has taken many forms since it was added to the Federal Rules in 1966. At… Continue reading →
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The Exception Is the Rule
The 1988 Supreme Court decision Department of Navy v. Egan created a bar on judicial review of security-clearance determinations. Today,… Continue reading →
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Conflicts of Law and the Abortion War Between the States
On the subject of abortion, the so-called “United” States of America are becoming more disunited than ever. The U.S. Supreme… Continue reading →
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False Analogies to Predatory Pricing
“We are living in the age of the false, and often shameless, analogy . . . . [Analogies’] weakness is… Continue reading →
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Terms of Service and Fourth Amendment Rights
Almost everything you do on the Internet is governed by Terms of Service. The language in Terms of Service typically… Continue reading →
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Surveillance Class Actions
Class actions against online platforms alleging improper data collection and sharing practices have increased dramatically in recent years. In 2022,… Continue reading →
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We’re All Born Naked and the Rest Is Speech
As the antitransgender moral panic reaches a fever pitch, transgender civil rights are becoming increasingly fragile. A potential legal defense… Continue reading →
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Unconstitutional Conditions and the Constitutional Text
Federal and state actors sometimes condition access to benefits that they are constitutionally permitted but not obligated to provide on… Continue reading →
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The Sweep and Force of Section Three
Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion.… Continue reading →