Issue 2
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ArticleVol. 103 · Iss. 2
Constitutional Private Law
Constitutional private law is like ordinary private law. It imposes relational obligations on government officials, like duties to use only reasonable force against a…
E. Garrett West -
ArticleVol. 103 · Iss. 2
Notice Pleading’s Quiet Return
Fifteen years ago, the Supreme Court announced two significant civil procedure decisions – Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft…
Alexander A. Reinert -
ArticleVol. 103 · Iss. 2
The Two Tests of Search Law: What Is the Jones Test, and What Does That Say About Katz?
Fourth Amendment law has two “search” tests: The Katz privacy test and the Jones property test. Lower courts are not sure what the difference…
Orin S. Kerr -
ArticleVol. 103 · Iss. 2
Policing Children’s Data
In recent years, advances in policing technology have dramatically expanded law enforcement’s ability to access data. This includes children’s data—their photographs, text messages, geolocation…
Nila Bala -
CommentaryVol. 103 · Iss. 2
Whose Children?
Recent debates surrounding transgender children and the rights of their parents reveal a troubling development. When addressing state restrictions on vital medical care for…
William J. Aceves -
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 -
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