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Volume 78, Issue 4

Article

Origin Stories in Property Law

by  José Argueta Funes

Narrating the origins of a property regime affords an opportunity to shape that regime in several important respects. For one thing, an origin story can shape the language that participants in the regime use to make property claims. For another, because every property regime is preceded by some other entitlement distribution, how we account for…

Article

Prison Grievance Creep

by  Tiffany Yang

The prison grievance regime is a quagmire. Civil rights literature and prison law scholarship have largely focused on the procedural impact of this regime, which has grown in the shadow of the Prison Litigation Reform Act’s (PLRA) exhaustion mandate. When an incarcerated person endures abusive conditions, they must first file an administrative grievance with prison…

Note

The Courts of Appeals’ Unlawful Injunctions

by  Cristian Pleters

In the last six years, the courts of appeals have issued in the first instance a spate of procedurally unusual, politically charged preliminary injunctions. Like “universal” district court injunctions, these appellate injunctions—which this Note calls preliminary injunctions pending appeal (PIPAs) and appellate temporary restraining orders (appellate TROs)—are premised on shaky statutory authority. And like “universal”…

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Recent Online Essays

The Emerging Firearms Hypocrisy of Terry: The Fifth Circuit in United States v. Wilson

by Aliza Hochman Bloom

Terry v. Ohio’s flexible reasonable-suspicion rule is colliding with the post-Bruen expansion of public carry. In United States v. Wilson, the Fifth Circuit held that suspected concealed gun possession—presumptively lawful in Louisiana—could not alone justify a stop, yet it sustained the seizure by relying on Mr. Wilson’s social associations and arrest history. Professor Hochman Bloom argues this emerging “firearm exceptionalism” elevates guns over other lawful acts and entrenches Terry’s racialized, hindsight-driven policing.

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A Remedy Inherited: State Law, Universal Vacatur, and the Meaning of “Set Aside”

by Fred Halbhuber

Introduction This past June, in a decision already heralded as marking a “landmark shift in administrative law,” the Supreme Court in Trump v. CASA, Inc. held that federal courts “likely” lacked the power to issue universal injunctions. Universal injunctions, the 6-3 majority concluded, likely exceeded the equitable authority that Congress had bestowed on the federal courts…

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Threats to Contraception

by Deborah Tuerkheimer

Many question the future of the right to contraception after Dobbs v. Jackson Women’s Health Organization, but Deborah Tuerkheimer argues that the more immediate threats lie beyond the Supreme Court. Contraceptive access is eroding through three interconnected forces: post-Dobbs funding cuts and clinic closures, expanding parental- and conscience-based claims, and misinformation-driven cultural shifts that invite restrictive regulation. Together, these developments imperil contraception even as formal protections remain intact.

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Protecting Consumers in a Post-Consent World

by Mark A. Lemley

In Charting a New Course on Digital Consumer Protection at the Federal Trade Commission, former FTC Chair Lina Khan and her co-authors Samuel Levine and Stephanie Nguyen set out a fundamentally new regulatory framework for privacy that seeks to move beyond the “notice and consent” paradigm that has dominated privacy law for a generation. They…

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Tribal Sovereignty, Justice Gorsuch, and the Letter of the Law

by Desmond Mantle

I meant what I said, and I said what I meant. An elephant’s faithful, one hundred percent!  —Dr. Seuss, Horton Hatches the Egg Introduction This Comment seeks to defend Justice Neil Gorsuch’s approach to statutory interpretation, arguing against pragmatist efforts to reduce the Supreme Court’s reliance on textualism and against efforts by fellow self-proclaimed textualists…

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