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Black-letter constitutional law distinguishes “private rights,” which must be litigated before an Article III tribunal, from “public rights,” which Congress may resolve through administrative adjudication. Yet both scholars and the Supreme Court have long struggled to define this distinction. Recently, many have turned to history for clarity—especially to Murray’s Lessee, the 1856 case that inaugurated…

Tort law contains multiple doctrines governing the assignment of liability and the calculation of damages. But in what sequence should courts apply these doctrines? Does it matter, for example, whether a court applies comparative fault before or after mitigation of damages? The answer, rather surprisingly, is that sequencing does matter, and it can substantially affect…

Law enforcement is increasingly relying on a new tool when investigating crimes with no suspects: geofence warrants. Geofence warrants take advantage of geofence technology, which constructs a virtually bounded geographic area and identifies all users present within that area during a given time window. Google, the primary recipient of geofence warrants, has adopted a policy…