Much Ado About Geofence Warrants
In 2020, law enforcement agencies served Google with more than 11,500 warrants directing the company to conduct sweeping searches of its vast location database. These “geofence warrants” instructed...
View ArticleHow We Talk About Textualism and Its Tools
In this year’s Scalia Lecture at Harvard Law School, Judge Rachel Kovner asked: “Are We All Textualists Now?” Of course, she was riffing off Justice Kagan’s quip at the 2015 Scalia Lecture. But ten...
View ArticlePresident Trump in the Era of Exclusive Powers
The defining doctrinal innovation of the second Trump administration has been to take the Supreme Court at its word. In recent years, the Court has embraced an extremely broad view of the President’s...
View ArticleThe Cost of Capitulation
In a 2020 article, Dean Cynthia Fountaine documents how Germany’s Nazi regime incrementally gained control of the legal system and the role legal professionals played in the process. Following an...
View ArticleUsing IEEPA to Limit Personal Remittances
Two weeks ago, President Trump instituted broad tariffs using in part the International Emergency Economic Powers Act of 1977 (IEEPA). At least three lawsuits have been filed targeting his authority...
View ArticleA Mill of Miller: Examining the Supreme Court’s Recent Bankruptcy Jurisprudence
On March 26th, the Supreme Court issued its opinion in United States v. Miller, a bankruptcy case resolving a circuit split about how § 106(a)’s sovereign immunity waiver relates to § 544(b)’s...
View ArticleThe Immigrant Rights Resistance Lives
On February 2, 2025, Highway 101 — one of the busiest freeways in Los Angeles, California — shut down. Instead of the usual rush of cars heading towards Alameda Street, protestors filled the 101,...
View ArticlePreemption, Labor, and Movement Strategy: Lessons from Nwauzor on Detention...
In the early mornings at the Northwest Immigration and Customs Enforcement Processing Center (NWIPC) in Tacoma, Washington, a detained immigrant might wake to begin a shift scrubbing floors or...
View ArticleBeyond Classification and Subordination: A Case for Anti-Essentialism
Employment antidiscrimination law has been steadily eroding, the result of a dilemma it has never fully resolved: its relationship with identity. I. From Ricci to Ames: Title VII’s Identity Problem...
View ArticleThe Immigrant Registration Requirement’s Self-Incrimination Problem
The Trump Administration is enforcing an old, harmful wartime law purporting to require noncitizens to register with the federal government. This provision primarily targets noncitizens who have...
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