May 6, 2019
Elections, especially Presidential elections, have consequences. Few need reminding of this truism after 2016. But the distributional consequences of American Presidential elections have long antedated the emergence of Trumpism in the Republican Party. On no issue is this clearer than those involving the regulation and protection of benefits for American employees. This is illustrated by…
April 23, 2019
The incident that gave rise to Mitchell v. City of Cedar Rapids, recently decided by the Iowa Supreme Court, should sound familiar by now. In November 2016, a Cedar Rapids white police officer, Lucas Jones, stopped a black motorist, Jerime Mitchell, for a minor traffic violation. When Mitchell attempted to drive away, Jones shot him,…
April 18, 2019
A tactic known as “snap removal” has divided federal district courts. Can a defendant remove a suit filed in its home forum (or the home forum of another defendant) after the plaintiff filed the suit but before service of process? At first blush, 28 U.S.C. § 1441(b)(2) –– the forum defendant rule –– would seem…
Criminal Procedure, Cyberlaw / Internet, Fourth Amendment
April 16, 2019
United States v. Wanjiku is one of many recent Fourth Amendment cases that have come before circuit courts regarding border searches of cell phones. This batch of litigation sprung in part from the Supreme Court decision in Riley v. California, which held that officers generally need a warrant to conduct incidental searches of cell phones…
April 15, 2019
This past year, I published the product of years of historical research in Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay (Oxford University Press 2017). In the months since, I have been asked two questions more than any others: first, why I wrote the book, and second, what, if anything, modern…
Civil Rights, Eighth Amendment, Gender Identity
April 12, 2019
Transgender rights are facing a backlash. Scientific knowledge of the impacts of gender dysphoria (GD) has grown immensely, and medical care for transgender people is increasingly accessible. These developments have not been paralleled in the courts. Recently, in Gibson v. Collier, the Fifth Circuit held that a state policy that does not permit gender affirmation…
John Infranca is an Associate Professor of Law at Suffolk University Law School. Professor Infranca's scholarship focuses on land use regulation, affordable housing policy, urban law, property theory, and law…
Kevin Davis is the Beller Family Professor of Business Law at New York University School of Law. His teaching and research are in the areas of contracts, commercial law, anti-corruption…
Martha Minow has taught at Harvard Law School since 1981, where her courses include civil procedure, constitutional law, family law, international criminal justice, jurisprudence, law and education, nonprofit organizations, and…
