Institutional reform litigation (IRL) includes lawsuits brought to reform dysfunctional government bureaucracies. These cases attempt to improve prison conditions, the operation of child welfare systems, the provision of indigent defense, and other...
Article III standing is supposed to shut the courthouse doors to ideologically motivated plaintiff s with no personal stake in their litigation and open its doors to good-faith plaintiff s with a real risk of future injury—but the doctrine sometimes...
The United States oft en styles itself a haven for the freedom of religion and equal justice. In spite of these lofty ideals, U.S. courts oft en apply the Free Exercise Clause of the First Amendment unevenly, protecting Old World religions but not...
Federal appellate courts label most opinions as “non-precedent.” The label is supposed to have no doctrinal impact. But in the context of qualified immunity, the non-precedential label dramatically impacts doctrine. Th is Article first examines the...
Attention to the trial of Luigi Mangione has renewed debate about nullification—the jury’s inviolate power to acquit a defendant contrary to the evidence presented. Jury nullification proponents hold that it is a mechanism of last resort for...
The opioid epidemic has killed hundreds of thousands of people and decimated many communities. Investigative reporters and litigation have uncovered that the consulting firm McKinsey & Company drove prescription opioid use through the advice...