Federal jurisdictional doctrines have served as instruments of racial subjugation, territorial dispossession, and sanctioned violence. Yet this pattern is absent from how Federal Courts doctrine is taught. Leading casebooks exclude cases like the Chinese Exclusion Case, Lone Wolf v. Hitchcock, and Giles v. Harris from the political question canon. Reconstruction-era cases are taught without the Lost Cause narratives that[...]
The Roberts Court transformed the debate over presidential removal with two conflicting cases. In Trump v. Slaughter, the Court overruled Humphrey’s Executor and embraced a maximalist unitary executive. It rejected the “quasi-judicial” and “quasi-legislative” categories from Humphrey’s that were the foundation for independent regulatory commissions. But in Trump v. Cook, the Court preserved removal[...]
Religious and parental rights are ascendant in public schools following the Supreme Court’s decision Mahmoud v. Taylor and its interim docket order Mirabelli v. Bonta. Mahmoud focused on free exercise opt-out claims as they relate to the curricular content taught in public schools, and Mirabelli expanded that rule to reach the gender transition non-disclosure policies adopted by some of those schools. This Note considers[...]
Environmental injustice (the siting of polluting facilities) in unincorporated communities of color is not merely a result of bad actors but a foreseeable consequence produced and perpetuated by fragmented legal frameworks that delegate authority to local decisionmakers without accountability, especially in the absence of meaningful democratic representation or judicial review. The result is that county commissioners are incentivized to pursue[...]