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This Article argues that courts unjustifiably limit public school liability under both the Fourteenth Amendment and Title IX for student physical, verbal, and sexual harassment and abuse.

This Article articulates an understanding of the Rules Enabling Act that will equip the Supreme Court with the ability to judge a rule’s validity—and give the rulemakers much clearer guidance regarding the outer boundaries of their remit.

This Article argues that courts unjustifiably limit public school liability under both the Fourteenth Amendment and Title IX for student physical, verbal, and sexual harassment and abuse.

This Article articulates an understanding of the Rules Enabling Act that will equip the Supreme Court with the ability to judge a rule’s validity—and give the rulemakers much clearer guidance regarding the outer boundaries of their remit.

This Article explores the implications of the Supreme Court’s recent decision in Janus in light of the Court’s apparent adherence to “the doctrine of one last chance,” which requires the Court to give advance notice of its willingness to issue disruptive decisions.

An individual cannot “plead the Fifth” if asked to unlock a smartphone using a physical feature. On the other hand, an individual who possesses the same smartphone, but uses a nonbiometric password, can successfully “plead the Fifth” and refuse to disclose the password. This Comment explores this legal issue and sets forth a proposal on how courts can extend the Fifth Amendment privilege against...

U.S. Customs and Border Protection’s (CBP) short-term holding cells have received mass media attention because of their inhumane and punitive conditions. CBP agents and immigration detainees alike refer to these cells as hieleras. This Comment draws attention to rights violations inside hieleras and is the first to analyze a groundbreaking class action lawsuit brought by an immigrants’ rights...

The U.S. Supreme Court’s 2016 decision in Hurst v. Florida, which struck down Florida’s capital sentencing scheme, altered the Court’s Sixth Amendment sentencing doctrine. That doctrine has undergone several important changes since it was first recognized. At times the doctrine has expanded, invalidating sentencing practices across the country, and at times it has contracted, allowing...

In this Comment, I argue that the persistence of racial health disparities today is not only a relic of a long history of anti-Black racism in healthcare, but a consequence of the Court’s colorblind approach to affirmative action jurisprudence since U.C. Regents v. Bakke and the restrictions in access to predominantly white institutions that have resulted. In recounting the history of racism in...

Suppose you have a domestic economy-class airline ticket that you can no longer use. In the 1980s and early ’90s, there was a secondary market in domestic airline tickets, carried out openly in newspaper classifieds. Though many tickets were nominally nontransferable, back then, the airlines didn’t check every passenger’s name. Problem solved. But now, American, Delta, and United will charge you...

This Article conducts a comprehensive empirical study of copyright statutory damages. An extensive examination of docket entries and case law reveals a widespread practice of overclaiming of remedies in copyright litigation. Although 80 percent of plaintiffs in all disputes claim that they suffered conduct that constitutes willful infringement, courts find willful infringement in just 2 percent...

Much in the field of statutory interpretation is predicated on “interpretive dialogue” between courts and legislatures. Yet, the idea of such dialogue is often advanced as little more than a slogan; the dialogue that courts, legislators, and scholars are imagining too often goes unexamined and underspecified. This Article attempts to organize thinking about the ways participants and theorists...

This Article conducts a comprehensive empirical study of copyright statutory damages. An extensive examination of docket entries and case law reveals a widespread practice of overclaiming of remedies in copyright litigation. Although 80 percent of plaintiffs in all disputes claim that they suffered conduct that constitutes willful infringement, courts find willful infringement in just 2 percent...