Print Issues

Volume 73, Issue 2


Pursuing Public Health Through Litigation

Lessons from Tobacco and Opioids
by  Nora Freeman Engstrom & Robert L. Rabin

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…


Percolation’s Value

by  Michael Coenen & Seth Davis

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…


Deportation Arrest Warrants

by  Lindsay Nash

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…


Proposition 13, Revisited

by  Evelyn Danforth

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…