Administrative Law, Constitutional Law
July 13, 2018
What is to become of administrative adjudication and adjudicators? As the never-ending assault on the administrative state marches on, administrative adjudication is in the cross-hairs of reformers. The latest chapter in the ongoing controversy over the proper role of adjudication within administrative agencies is the Supreme Court’s recent decision in Lucia v. SEC, that SEC…
Constitutional Law, Legal Theory, Supreme Court
July 3, 2018
The press and the rest of the commentariat have fallen into the habit of referring to the work of Chief Justice Roberts and Justices Thomas, Alito, and Gorsuch as “conservative.” That is wrong. In several of the most controverted areas that the Court has entered and in which its decisions have had a profound effect…
Constitutional Law, First Amendment, Labor Law
July 2, 2018
A great deal of time will be spent scrutinizing the core holding in Janus v. AFSCME, Council 31, that the First Amendment forbids public employers to require workers to financially support a union’s costs of collective bargaining. Still more time will be spent debating state legislative approaches to soften Janus’s blow or neutralize it altogether….
June 29, 2018
Although it was not exactly a headline-grabbing ruling, the Supreme Court’s decision last Friday in Ortiz v. United States will likely receive a fair amount of academic attention, especially from Federal Courts casebooks, thanks to its long-overdue analysis of the types of disputes (and nature of the tribunals) over which the Court may exercise direct…
Constitutional Law, Executive Power, Separation of Powers
June 28, 2018
On Tuesday, the Supreme Court sided with the Trump Administration in Trump v. Hawaii, the challenge to the third iteration of the President’s travel ban. President Trump quickly characterized the decision as “a tremendous victory,” and in the Manichaean world the President seems to inhabit, it’s definitely a win. But the opinion itself—which leaves the…
In her seven years in office, Chief Justice Tani G. Cantil-Sakauye has emerged as one of the country’s leading advocates for equal access to justice, transparency, and the reformation of…
Alexandra D. Lahav is the Ellen Ash Peters Professor at the University of Connecticut School of Law. Her book, In Praise of Litigation (Oxford 2017) makes the case that litigation…
Lisa Graybill oversees the SPLC’s work to reverse the “new Jim Crow” and eliminate the structural racism entrenched in the policing, sentencing, imprisonment, and post-conviction practices of states in the…
