Topic
Court Reform
Posts
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ArticleVol. 103 · Iss. 4
Deference Realities: Judicial Deference and Litigation Outcomes in the Appellate Review Era
The Supreme Court recently overturned Chevron, potentially re-shaping the relationship between courts and administrative agencies. Observers were quick to fête or mourn the decision.…
Edward H. Stiglitz -
Online2026
An Overlooked Footnote in Trump v. CASA Ensures That the Debate Over Universal Injunctions Isn’t Over
Several months ago, I wrote in Law360 that, given the tenor of the questioning in Trump v. CASA—the birthright citizenship case—I did not expect…
Harvey Reiter -
NoteVol. 103 · Iss. 2
Texas and “DExits”: Can the Texas Business Courts Drive Delaware’s Downfall?
Texas’s freshly minted business courts offer significant and unique incentives for businesses to incorporate in the state. However, it remains to be seen whether…
Katherine M. O'Quinn -
CommentaryVol. 102 · Iss. 4
The 14th Circuit
2025 will mark the fifteenth anniversary of Professor Stephen Legomsky’s landmark article proposing “radical surgery” on American immigration adjudication. Professor Legomsky argued for creating…
Jayanth K. Krishnan -
CommentaryVol. 102 · Iss. 1
Standing Orders: A Survey of Individual Judges’ Regulation of Practice in All Future Cases Before Them
Federal district courts, after notice-and-comment process, can issue local rules to govern practice and procedure in all cases in a judicial district. An individual…
J. Campbell Barker -
ArticleVol. 101 · Iss. 6
Minimalist Criminal Courts
Many penal abolitionists hold that criminal courts have been complicit in mass incarceration and essential to an irredeemably unjust and discriminatory system. As abolitionist…
Yoav Sapir & Guy Rubinstein -
ArticleVol. 101 · Iss. 5
Opinion Authorship and Precedential Status
The federal courts of appeals have a two-tier system of judicial opinions: “published” and “unpublished.” Published judicial opinions represent binding precedent, whereas unpublished ones…
Nina Varsava -
NoteVol. 101 · Iss. 4
The Law of Vibes: Much Ado About Preliminary Injunctions
Federal courts are in the midst of a crisis of legitimacy. Faith in the judiciary has plunged to historically low levels, leading the Biden…
Jacob Cogdill -
Online2023
Standardizing Appeals From Domestic Dependent Sovereign Courts
The U.S. Supreme Court’s historic decision in McGirt v. Oklahoma held that much of northeastern Oklahoma is Native American land. As a result, the…
Campbell Sode -
Online2023
Stalwarts of Stare Decisis: Lessons From Early Supreme Court Reporters for the Digital Age
Introduction As a young nation, the United States maintained a common law legal system transplanted from England. Common law legal systems are defined by…
Cale Bouchey -
ArticleVol. 100 · Iss. 2
Extraordinary Writ or Ordinary Remedy? Mandamus at the Federal Circuit
Abstract Ordinarily, in federal court, only case-ending judgments can be appealed. The writ of mandamus is one exception to that so-called final judgment rule.…
J. Jonas Anderson, Paul R. Gugliuzza & Jason A. Rantanen -
CommentaryVol. 99 · Iss. 1
The [E]x Factor: Addressing Trauma from Post-Separation Domestic Violence as Judicial Terrorism
Abstract When victims of intimate terrorism leave their abusers, the abuse rarely ends. While many victims exit intimate relationships to try to escape…
Lisa A. Tucker