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...

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...

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...

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...

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...