Conventions of Agency Independence

By:  Adrian Vermeule

 

It is often said that the legal touchstone of agency independence is whether agency heads are removable at will or only for cause. Yet this condition is neither necessary nor sufficient for operational independence. Many important agencies ...READ MORE

Trial by Preview

By:  Bert I. Huang

 

It has been an obsession of modern civil procedure to design ways to reveal more before trial about what will happen during trial. Litigants today, as a matter of course, are made to preview the evidence they ...READ MORE

Defining “Found In”: Constructive Discovery and the Crime of Illegal Reentry

By:  Jason D. Anton

 

Over the past decade, the crime of illegal reentry has risen to prominence. It is not only the most common federal immigration charge, but also the most prosecuted federal crime. The cost of enforcing illegal reentry ...READ MORE

 

Casual or Coercive? Retention of Identification in Police-Citizen Encounters

By:  Aidan Taft Grano

 

In Bostick and Drayton, the Supreme Court announced that per se rules were inappropriate in answering the Fourth Amendment seizure question, “Would a reasonable citizen feel free to leave?” But when, if ever, can one factor in ...READ MORE