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Trump's Dangerous Judicial Legacy

Combining the statistical data on the rapidly shifting demography of the federal judiciary under President Trump with insights from the scholarly literature on theories of procedural justice and representative bureaucracy, which posit that the...

The School Civil Rights Vacuum

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.

Substance, Procedure, and the Rules Enabling Act

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.

Substance, Procedure, and the Rules Enabling Act

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.

Second Thoughts on “One Last Chance”?

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...