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…
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…
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”…
