Toward a Constitutional Chevron: Lessons from Rapanos
In 2006, the Supreme Court started a revolution in environmental law. In Rapanos v. United States, while addressing jurisdiction over… Continue reading →
2012
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“Knock, Listen, then Break the Door Down”?
The Police‐Created Exigency Doctrine After Kentucky v. KingThe exigent circumstances exception to the Fourth Amendment warrant requirement has long bedeviled law enforcement officials and judges alike, presenting… Continue reading →
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Reevaluating Galaviz v. Berg: An Analysis of Forum-Selection Provisions in Unilaterally Adopted Corporate Bylaws as Requirements Contracts
In the wake of a passing comment and footnote in In re Revlon, Inc. Shareholders Litigation, Delaware practitioners have grappled… Continue reading →
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Private Enforcement of Spending Conditions After Douglas
Congress cannot compel the states to implement its regulatory agenda, but it may purchase their compliance through the exercise of… Continue reading →
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A Throwback to Less Enlightened Practices: J. McIntyre Machinery, Ltd. v. Nicastro
After two decades of dormancy, the sleeping giant of personal jurisdiction has finally awakened with the Supreme Court’s opinion in… Continue reading →
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Access to Counsel, Res Judicata, and the Future of Habeas at Guantanamo
As Professor Andrew Kent explains, the recent litigation over whether noncitizens detained at Guantanamo have a continuing right of access… Continue reading →
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Take Care That the Laws Be Faithfully Litigated
In this Comment, I argue that the framework Presidents use to decide whether to defend arguably unconstitutional statutes should be… Continue reading →
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Tailoring Discovery: Using Nontranssubstantive Rules to Reduce Waste and Abuse
The current system of discovery in the federal courts can produce enormous costs for both litigants and the court system.… Continue reading →
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Leaving the Bench, 1970–2009: The Choices Federal Judges Make, What Influences Those Choices, and Their Consequences
This article explores the decisions that, over four decades, lower federal court judges have made when considering leaving the bench,… Continue reading →
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Can the States Keep Secrets from the Federal Government?
States amass troves of information detailing the regulated activities of their citizens, including activities that violate federal law. Not surprisingly,… Continue reading →