Topic
Federal Courts
Posts
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CommentaryVol. 87 · Iss. 5
Diversity and the Federal Bench
Justice Sonia Sotomayor’s appointment was historic. She is the first Latina Supreme Court member and President Barack Obama’s initial appointment. Her confirmation is the…
Carl Tobias -
ArticleVol. 88 · Iss. 5
Jurisdiction by Cross-Reference
State and federal law often cross-reference each other to provide a rule of decision. The difficulties attendant to these cross-referenced schemes are brought to…
Lumen N. Mulligan -
Online2021
Appellate Jurisdiction in Sanchez-Gomez: A Hard Case That Should Be Easy
Introduction In 2013, the Southern District of California adopted a rule requiring all criminal defendants to appear in full restraints—hands cuffed and…
Bryan Lammon -
CommentaryVol. 94 · Iss. 5
The Supreme Court Acknowledges Congress’ Authority to Confer Informational Standing in Spokeo, Inc. v. Robins
The Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins does not fully resolve when an intangible injury such as a defendant’s misreporting of…
Bradford C. Mank -
CommentaryVol. 95 · Iss. 3
Who has Standing to Sue the President Over Allegedly Unconstitutional Emoluments?
Two provisions of the U.S. Constitution that have received comparatively little public attention over the past 227 years are suddenly all over the news,…
Matthew Hall -
NoteVol. 96 · Iss. 4
How Ziglar v. Abbasi Sheds Light on Qualified-Immunity Doctrine
In 2011, a man was involved in a road rage incident on a public highway in New Mexico. Two women called 911 to report…
Hannah Beard -
ArticleVol. 97 · Iss. 6
Crossing Doctrines: Conflating Standing and the Merits Under the Establishment Clause
In American Legion v. American Humanist Ass’n, the Supreme Court upheld the constitutionality of a thirty-two-foot tall Latin cross honoring soldiers killed during World War I…
Ashutosh Bhagwat -
NoteVol. 91 · Iss. 3
Rebutting the Roberts Court: Reinventing the Collateral Order Doctrine Through Judicial Decision Making
A civil procedure revival has quietly been underway since the inception of the Roberts Court in 2005. Unnoticed and sweeping changes may be in…
Michael E. Harriss -
NoteVol. 98 · Iss. 4
Getting Into Court When Data Has Gotten Out: A Two-Part Framework
Part I of this Note will examine the history of the FCRA, the basics of Article III standing, and its applications to intangible harms and…
Alyssa Aubuchon -
ArticleVol. 98 · Iss. 3
Active Virtues
Constitutional theory has long been influenced by the idea that the Supreme Court exercises “passive virtues,” avoiding politically divisive cases that threaten its legitimacy.…
Michael D. Gilbert & Mauricio A. Guim -
ArticleVol. 90 · Iss. 5
Asking the First Question: Reframing Bivens After Minnici
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Named Agents of Federal Bureau…
Lumen N. Mulligan & Alexander A. Reinert -
NoteVol. 90 · Iss. 4
A Trying Balance: Determining the Trier of Fact in Hybrid Admiralty-Civil Cases
Although admiralty is among the law’s oldest practices, it continues to play a vital role in modern litigation—whether that be through the transportation of…
Lily Kurland