Over the past half-century, product-related public health crises have claimed millions of American lives. Two of these crises have been especially prominent: tobacco and opioids. In this Article, we zero in on both controversies. Like many before us, we trace how these two addictive and deadly products became widely used by the American public and…
Few legal metaphors enjoy more prominence than that of a legal issue “percolating” through the lower courts until the Supreme Court is ready to resolve it. Just two Terms ago, for example, the Court declined to answer a question presented in Box v. Planned Parenthood of Indiana & Kentucky, Inc., reasoning that further percolation would…
The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment, the constitutional significance…
In 1978, Californians overwhelmingly voted to add a suite of antitax measures to their state constitution. These provisions, together known as Proposition 13, ushered in a new era for the state—one that continues to define the contours of both public finance and private property ownership nearly a half century later. On the heels of California’s…
