Litigation

Does the Original Meaning of the Fourteenth Amendment Protect a Right to Work?

The story of unenumerated rights is a familiar one. Most law students learn it in...

Wilkins v. United States: Is the Quiet Title Act’s Statute of Limitations Jurisdictional, and How Does the Answer Affect Property Rights?

• Stephen Davis

An age-old legal maxim—going back to Blackstone—states, “where there is a right, there must be...

And the Walls Came Tumbling Down: The Liberation of Civil Society

• Andrew Grossman,
• Alexander Lyman Reid

As anyone who has seen a building collapse or a bridge buckle can attest, it...

Oral Arguments on the Indian Child Welfare Act

• Oliver Dunford

On November 9, the Supreme Court will hear oral arguments in Haaland v. Brackeen and...

Mallory v. Norfolk Southern: Oral Argument Preview

• John Masslon

In Mallory v. Norfolk Southern Railway Co., the Supreme Court will consider whether state courts...

District Court Decision Bolsters Anti-Circumvention Rights of Copyright Owners

• Seth L. Cooper

On September 30, the U.S. District Court for the District of Connecticut issued its decision...

Valancourt Books v. Garland

• Zvi Rosen

On Oct 13, 2022, the DC Circuit Court of Appeals heard argument in a case...

The Fifth Circuit Updates Common Carrier Doctrine for Social Media Companies

• GianCarlo Canaparo,
• Jameson Payne

Last month, in a case called NetChoice v. Paxton, the U.S. Court of Appeals for...

ABA Files Amicus Brief in Third Circuit Attorney Free Speech Case

• Lynn White

The American Bar Association has a healthy practice of filing amicus curiae briefs in major...

The Obstruction of Justice Provision in the Mar-a-Lago Search Warrant

• Adam R. Pearlman

This post first appeared on the National Security Institute's blog, The SCIF. The Federal Bureau of Investigation’s...