Topic
Federal Courts
Posts
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ArticleVol. 103 · Iss. 5
Ex Parte Young Redux
Abstract Trump v. CASA, Inc., the first high-profile Supreme Court case challenging President Trump’s birthright-citizenship executive order, cemented a seismic shift in federal courts’…
Katherine Mims Crocker -
NoteVol. 103 · Iss. 2
The Evolution of Standing and the Need for Foundational Realism: A Historical Inquiry from Hayburn to Harvard
This Note traces the Supreme Court’s evolving approach to standing—from the early, unresolved procedural issues raised in Hayburn’s Case to today’s pivotal decisions, such…
Elliot A. Mermel -
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 -
Online2024
What’s Left of the Suspension Clause After Jones v. Hendrix?
In 2000, Marcus DeAngelo Jones was convicted of two counts of unlawful possession of a firearm. As a convicted felon, Jones was prohibited from…
Tom Jordan -
ArticleVol. 102 · Iss. 2
The Original Meaning of Equity
Equity is seeing a new wave of attention in scholarship and practice. Yet, as this Article argues, our current understanding of equity is divided…
Asaf Raz -
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The federal courts of appeals have a two-tier system of judicial opinions: “published” and “unpublished.” Published judicial opinions represent binding precedent, whereas unpublished ones…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 -
CommentaryVol. 101 · Iss. 5
When Jurisdiction Stripping Raises Factual Questions
Courts apply a strong presumption in favor of judicial review of government action. When they apply that presumption, they silently presume that they can…
David K. Hausman -
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 -
ArticleVol. 99 · Iss. 5
Procedural Losses and the Pyrrhic Victory of Abolishing Qualified Immunity
Who decides? Failing to consider this simple question could turn attempts to abolish qualified immunity into a Pyrrhic victory. That is because removing qualified…
Adam A. Davidson -
ArticleVol. 99 · Iss. 2
Diversity Jurisdiction and the Common-Law Scope of the Civil Action
Introduction and Summary of Argument Federal law generally grants federal district courts subject-matter jurisdiction over prescribed “civil actions.” But despite the ubiquity of the…
Patrick Woolley