Content Posted in 2025
Abortion Rights: Whole Women’s Health v. Hellerstedt, Steven D. Schwinn
Administrative Law: PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., Steven D. Schwinn
Administrative Law: Perez v. Mortgage Bankers Association, Steven D. Schwinn
American Electric Power Co. v. Connecticut, Steven D. Schwinn
A New Chapter: Therapeutic Jurisprudence and the Path to Financial Rehabilitation in Bankruptcy Law, Karni Perlman and Itay Krayden
Antitrust Law: Section 1 of the Sherman Act, Jeffery M. Cross
Appointments Clause: Lucia v. SEC, Steven D. Schwinn
A Proposal on Deciding Trademark Infringement Claims to Limit Confusion for Consumers, Abigail Holtzman
Arizona Free Enterprise Club's Freedom Club PAC v. Bennett and McComish v. Bennett, Steven D. Schwinn
Bond v. United States, Steven D. Schwinn
Brnovich v. DNC: Yet Another Blow to the Voting Rights Act, Steven D. Schwinn
Bruesewitz v. Wyeth, Steven D. Schwinn
Brumfield v. Cain, Steven D. Schwinn
Campaign Finance: McCutcheon v. Federal Election Commission, Steven D. Schwinn
Can a Defendant Government Contractor Remove a State Tort Case to Federal Court When a contractor Provides Services under the Federal Employee Health Benefits Act?, Steven D. Schwinn
Can a Public Official Block Individuals from Their Social Media Page?, Steven D. Schwinn
Can Congress Tax Unrealized Sums on Overseas Investments without Apportionment among the States?, Steven D. Schwinn
Can Individuals Sue State-Owned Nursing Homes for Violating Their Rights under the Federal Nursing Home Reform Act?, Steven D. Schwinn
Can Plaintiffs Sue a State in Federal Court for Just Compensation under the Takings Clause?, Steven D. Schwinn
Can Texas Require Commercial Websites with More than One-Third Content That Is "Sexual Material Harmful to Minors" to Include Age Verification for Visitors?, Steven D. Schwinn
Can Texas Use an Older Definition of Intellectual Disability to Determine if a Person Is Ineligible for the Death Penalty: Moore v. Texas, Steven D. Schwinn
Can the Government Deny a Trademark Because It Contains the Name of a Political Figure, without That Person's Written Consent?, Steven D. Schwinn
Can the Government Prohibit a Person Subject to a Domestic Violence Protective Order from Possessing a Firearm?, Steven D. Schwinn
Catch-22: The Elusiveness of Commuted Per-Unit Royalty Conversions and Their Sufficiency in Hypothetical Negotiation Calculations Under Protective Order, Kenneth L. Woodard Jr.
Civil Rights: County of Los Angeles v. Mendez, Steven D. Schwinn
Civil Rights: Enduring and Revolutionary, Steven D. Schwinn
Civil Rights: Hernandez v. Mesa, Steven D. Schwinn
Civil Rights: Ross v. Blake, Steven D. Schwinn
Congressional Authority: Bond v. United States, Steven D. Schwinn
Congressional Authority, Coleman v. Court of Appeals of Maryland, Steven D. Schwinn
Congressional Authority: United States v. Kebodeaux, Steven D. Schwinn
Constitutional Enforcement, Douglas v. Independent Living Center of Southern California, Steven D. Schwinn
Criminal Law: Taylor v. United States, Steven D. Schwinn
Criminal Procedure: Burt v. Titlow, Steven D. Schwinn
Cullen v. Pinholster, Steven D. Schwinn
David Davis, Abraham Lincoln's Favorite Judge, Raymond J. McKoski
Death Penalty: Bucklew v. Precythe, Steven D. Schwinn
Death Penalty: Glossip v. Gross, Steven D. Schwinn
Death Penalty: Madison v. Alabama, Steven D. Schwinn
Designing Trauma-Informed Legislation: Drafting the Workplace Bullying Accountability Act, David C. Yamada
Did Government Officials Impermissibly Coerce or Significantly Encourage Social-Media Companies to Moderate Third-Party Content That the Government Deemed Dangerous?, Steven D. Schwinn
Did Harvard College and the University of North Carolina Impermissibly Use Race as a Factor in Their Admissions Decisions?, Steven D. Schwinn
Did the Colorado Supreme Court Validly Exclude Former President Donald J. Trump from the State's 2024 Presidential Primary Ballot?, Steven D. Schwinn
Did the Department of Homeland Security Violate Federal Immigration Law When it Issued Guidelines That Prioritized Certain Noncitizens for Apprehension and Removal?, Steven D. Schwinn
Did the Food and Drug Administration Wrongly Deny Applications for Authorization to Market New e-Cigarette Products?, Steven D. Schwinn
Did the U.S. Food and Drug Administration Lawfully Remove Requirements for a Drug Used to Voluntarily Terminate a Pregnancy?, Steven D. Schwinn
Disability Rights: San Francisco v. Sheehan, Steven D. Schwinn
Does a Civil Rights Plaintiff "Prevail" and Qualify for Attorney's Fees by Obtaining a Preliminary Injunction?, Steven D. Schwinn
Does a Colorado Law That Prohibits Discrimination by Sexual Orientation Violate a Website Designer's Free-Speech Rights?, Steven D. Schwinn
Does a Former President Enjoy Immunity from Criminal Prosecution for Conduct Alleged to Involve Official Acts While in Office?, Steven D. Schwinn
Does Alabama's 2021 Redistricting Plan for Its Seven Congressional Seats Violate the Voting Rights Act?, Steven D. Schwinn
Does a Plaintiff's Cause of Action Challenging an Agency Regulation Accrue When the Agency Adopted the Regulation, or When the Plaintiff Suffered Harm from It?, Steven D. Schwinn
Does Congress Have the Power to Authorize the Civil Commitment of Sexually Dangerous Persons by the Federal Government?, Steven D. Schwinn
Does Section 230 Immunize Interactive Websites from Lawsuits for Recommending Third-Party Content?, Steven D. Schwinn
Does Section 2(a) of the Lanham Act, Which Prohibits the Patent and Trademark Office from Registering a Disparaging Trademark, Violate the First Amendment: Lee v. Tam, Steven D. Schwinn
Does Tennessee's Ban on Puberty Blockers and Hormone Therapy to Facilitate a Minor's Sex Transition Violate the Equal Protection Clause?, Steven D. Schwinn
Does the Bureau of Alcohol, Tobacco, and Firearms Have Authority to Regulate Bump Stocks as "Machineguns" under Federal Law?, Steven D. Schwinn
Does the Federal Ban on TikTok, and Application Owned by a Corporation with Significant Ties to China, Violate the First Amendment?, Steven D. Schwinn
Does the Federal Criminal Prohibition against Encouraging or Inducing Unlawful Immigration Violate Free Speech?, Steven D. Schwinn
Does the Gun Control Act of 1968 Authorize the Bureau of Alcohol, Tobacco, Firearms and Explosives to Regulate "Ghost Guns"?, Steven D. Schwinn
Does the National Bank Act Preempt a State Law That Requires Banks to Pay Interest on Mortgage-Escrow Accounts?, Steven D. Schwinn
Dormant Commerce Clause, Comptroller of Treasury of MD v. Wynne, Steven D. Schwinn
Due Process: North Carolina Department of Revenue v. Kaestner Family Trust, Steven D. Schwinn
Eighth Amendment: Hall v. Florida, Steven D. Schwinn
Election Law: Abbott v. Perez, Steven D. Schwinn
Election Law: Gill v. Whitford, Steven D. Schwinn
Election Law, Husted v. A. Philip Randolph Institute, Steven D. Schwinn
Election Law: Husted v. A. Philip Randolph Institute, Steven D. Schwinn
Elections Clause: Arizona State Legislature, Steven D. Schwinn
Environmental Law: Decker v. Northwest Environmental Defense Center and Georgia-Pacific West v. Northwest Environmental Defense Center, Steven D. Schwinn
Equal Protection, Armour v. City of Indianapolis, Steven D. Schwinn
Equal Protection: Fisher v. University of Texas, Steven D. Schwinn
Equal Protection: United States v. Windsor, Steven D. Schwinn
Executive Summary Chicago Declaration on the Rights of Older Persons, John Marshall Law School
Family Violence and the Potential for New Remedies, Bethany Nelson
Federalism: Parker Drilling Management Services, Ltd. v. Newton, Steven D. Schwinn
Federal Jurisdiction: Already LLC v. Nike, Inc., Steven D. Schwinn
Federal Jurisdiction: Michigan v. Bay Mills Indian Community, Steven D. Schwinn
Federal Preemption: American Trucking Associations, Inc. v. Los Angeles, Steven D. Schwinn
Federal Preemption: Hillman v. Maretta, Steven D. Schwinn
Federal Preemption: Howell v. Howell, Steven D. Schwinn
Federal Preemption: Oneok v. Learjet, Steven D. Schwinn
Federal Preemption: Virginia Uranium, Inc. v. Warren, Steven D. Schwinn
First Amendment: Elonis v. United States, Steven D. Schwinn
First Amendment, Friedrichs v. California Teachers Association, Steven D. Schwinn
First Amendment: Harris v. Quinn, Steven D. Schwinn
First Amendment: Iancu v. Brunetti, Steven D. Schwinn
First Amendment: Janus v. American Federation of State, County, and Municipal Employees, Steven D. Schwinn
First Amendment, Knox v. SEIU, Steven D. Schwinn
First Amendment: Lozman v. City of Riviera Beach, Steven D. Schwinn
First Amendment: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Steven D. Schwinn
First Amendment: Minnesota Voters Alliance v. Mansky, Steven D. Schwinn
First Amendment: National Institute of Family and Life Advocates v. Becerra, Steven D. Schwinn
First Amendment: Packingham v. North Carolina, Steven D. Schwinn
First Amendment: Williams-Yulee, Steven D. Schwinn
Fourth Amendment: Birchfield v. North Dakota, Bernard v. Minnesota, and Beylund v. Levi, Steven D. Schwinn
Fourth Amendment: Carpenter v. United States, Steven D. Schwinn
Fourth Amendment, Collins v. Virginia, Steven D. Schwinn
Fourth Amendment: District of Columbia v. Wesby, Steven D. Schwinn
Fourth Amendment, Heien v. North Carolina: May a Police Officer Stop a Vehicle Based on a Reasonable But Mistaken Interpretation of the Law?, Steven D. Schwinn
Fourth Amendment: Maryland v. King, Steven D. Schwinn
Fourth Amendment: Missouri v. McNeely, Steven D. Schwinn
Fourth Amendment: Mitchell v. Wisconsin, Steven D. Schwinn
Fourth Amendment: Riley v. California, Steven D. Schwinn
Fourth Amendment: Rodriguez v. United States, Steven D. Schwinn
Fourth Amendment: United States v. Wurie, Steven D. Schwinn
General Dynamics Corp. v. United States and Boeing Company v. United States, Steven D. Schwinn
Health Care: King v. Burwell, Steven D. Schwinn
Immigration: Kerry v. Din, Steven D. Schwinn
Immigration Law: Mayorkas v. De Osario, Steven D. Schwinn
Immigration: Torres v. Lynch, Steven D. Schwinn
Immigration: Trump v. State of Hawaii, Steven D. Schwinn
Immigration: United States v. Texas, Steven D. Schwinn
Ineffective Assistance of Counsel, Lafler v. Cooper, Steven D. Schwinn
Ineffective Assistance of Counsel, Missouri v. Frye, Steven D. Schwinn
Judges in Street Clothes: Acting Ethically Off-the-bench, Raymond J. McKoski
Jurisdiction: United States v. Sanchez-Gomez, Steven D. Schwinn
Justiciability and Sovereign Immunity: Campbell-Ewald Co. v. Gomez, Steven D. Schwinn
Justiciability: Chafin v. Chafin, Steven D. Schwinn
Law Over Politics in Voting Rights, Steven D. Schwinn
Liquor Regulation, Tennessee Wine and Spirits Retailers Association v. Blair, Steven D. Schwinn
Los Angeles County v. Humphries, Steven D. Schwinn
Marriage Equality: Obergefell v. Hodges, Steven D. Schwinn
May States Intervene in a Challenge to a District Court Order Striking the Government's Title 42 Policy?, Steven D. Schwinn
Military Offices, Dalmazzi v. United States, Steven D. Schwinn
Mindfulness in the Law School Environment, Nicola "Nicky" Boothe, Erika George, and Kellyn O. McGee
Must a Plaintiff Exhaust State Administrative Remedies in Order to Bring a State-Court Lawsuit under Federal Civil Rights Law?, Steven D. Schwinn
Native American Treaty Rights, Herrera v. Wyoming, Steven D. Schwinn
Nevada Commission on Ethics v. Carrigan, Steven D. Schwinn
NLRB v. Noel Canning and the Receding Recess Appointment Power, Steven D. Schwinn
No Hope in Sight: Rethinking the Constitutionality of Solitary Confinement With Hope v. Harris, Erin Owen
Official Immunity, Rehberg v. Paulk, Steven D. Schwinn
Partisan Gerrymandering: Lamone v. Benisek, Steven D. Schwinn
Partisan Gerrymandering: Rucho v. Common Cause, Steven D. Schwinn
PLIVA, Inc., et al. v. Mensing - Actavis Elizabeth v. Mensing - Actavis, Inc. v. Demahy, Steven D. Schwinn
Political Gerrymandering: Benisek v. Lamone, Steven D. Schwinn
Preemption: Arizona v. Inter Tribal Council of Arizona, Steven D. Schwinn
Preemption: Delia v. E.M.A., Steven D. Schwinn
Preemption: Hughes v. Talen Energy Marketing, Steven D. Schwinn
Preemption: Mutual Pharmaceutical Co. v. Bartlett, Steven D. Schwinn
Preemption: Northwest, Inc. v. Ginsberg, Steven D. Schwinn
Privacy Act, Federal Aviation Administration v. Cooper, Steven D. Schwinn
Qualified Immunity, Filarsky v. Delia, Steven D. Schwinn
Qualified Immunity, Messerschmidt v. Millender, Steven D. Schwinn
Qualified Immunity: Plumhoff v. Rickard, Steven D. Schwinn
Racial Gerrymandering: Virginia House of Delegates v. Bethune-Hill, Steven D. Schwinn
Railroad Revitalization and Regulatory Reform Act, Steven D. Schwinn
Recess Appointments: NLRB v. Noel Canning, Steven D. Schwinn
Religious Freedom and Free Exercise: Sebelius v. Hobby Lobby Stores, Inc., and Conestoga Wood Specialties Corp. v. Sebelius, Steven D. Schwinn
Religious Freedom: Trinity Lutheran Church of Columbia v. Pauley, Steven D. Schwinn
Religious Freedom: Zubik v. Burwell, Steven D. Schwinn
Schwarzenegger v. Entertainment Merchants Association, Steven D. Schwinn
Separation of Powers: Gundy v. United States, Steven D. Schwinn
Separation of Powers: Oil States Energy Services, LLC v. Greene’s Energy Group, Steven D. Schwinn
Separation of Powers: Patchak v. Zinke, Steven D. Schwinn
Separation of Powers, Zivotofsky v. Kerry, Steven D. Schwinn
Should the Federal Courts Defer to an Administrative Agency's Interpretation of an Ambiguous Federal Statute?, Steven D. Schwinn
Sin, Sickness, or Self-Defense? How Medicalizing Women’s Acts of Survival Confounds Justification and Excuse, and Undermines Justice, Jordan Robinson
Sixth Amendment, McCoy v. Louisiana, Steven D. Schwinn
Sossamon v. Texas, Steven D. Schwinn
Standing: Clapper v. Amnesty International USA, Steven D. Schwinn
Standing, Reynolds v. United States, Steven D. Schwinn
Standing: Spokeo, Inc. v. Robins, Steven D. Schwinn
State Action Doctrine, Manhattan Community Access Corporation v. Halleck, Steven D. Schwinn
State Immunity, Franchise Tax Board of the State of California v. Hyatt, Steven D. Schwinn
Statement of Written Observations on the Request for an Advisory Opinion Submitted to the State of Costa Rica, Steven D. Schwinn and Sarah Dávila-Ruhaak
Table of Contents & Introductory Material
Table of Contents & Introductory Material
Takings Clause: Arkansas Game & Fish Commission v. United States, Steven D. Schwinn
Takings Clause: Koontz v. St. Johns River Water Management District, Steven D. Schwinn
The Bastard of the Arts and Copyright Law: The Intersection of Dance and Copyright Law in Hanagami v. Epic Games, Inc., Alyssa Sitkowski
The Census Case: An Ordinary Ruling in an Extraordinary Case, Steven D. Schwinn
The Census: Department of Commerce v. New York, Steven D. Schwinn
The Continuing Quest for a Solution to Extreme Partisan Gerrymandering, Steven D. Schwinn
The Court's Religion Clause Cases: Expanding Religion in Public Life, Steven D. Schwinn
The End of Prison Gerrymandering: Has Illinois Done Enough to End Prison Gerrymandering by 2030?, Isabel Beebe
The FTC’s Ban on Noncompete Agreements: Setting Sail on a Sea of Doubt, Jeffery M. Cross
The Intersection of Race, Politics, and Redistricting at the Court, Steven D. Schwinn
The Path Forward for Therapeutic Jurisprudence: Comparative Perspectives, Amy T. Campbell
The People’s Term, Mostly, Steven D. Schwinn
The Preemption Docket, Steven D. Schwinn
The Separation of Powers Cases, Steven D. Schwinn
The Ultra (And Nearly Ultra) Locality Rules Persist! Why Continue to Ignore Modern Medicine and Contort the Standard of Care?, Marc Ginsberg
Trauma-Informed Judicial Practice Meets Therapeutic Jurisprudence: Compassionate Written Judgments in Child Protection Cases, Shelley Kierstead
Trump v. Anderson and Trump v. United States: Seismic Shifts in the Separation of Powers, Steven D. Schwinn
Two Steps Forward, One Step Back: Illinois’ New Rule on Punitive Damages in Wrongful Death Cases, Alberto Bernabe
Uncharted Success: Expanding Metrics for Community Court Impact, Tamar Ben-Dror, Hadar Dancig-Rosenberg, and Tali Gal
Virginia Office for Protection and Advocacy v. Stewart, Steven D. Schwinn
Voting Rights and Election Law at the Court, Steven D. Schwinn
Voting Rights: Evenwel v. Abbot, Steven D. Schwinn
Voting Rights: Harris v. Arizona Independent Redistricting Commission, Steven D. Schwinn
Voting Rights, Perry v. Perez, Steven D. Schwinn
Voting Rights: Wittman v. Personhuballah, Steven D. Schwinn
When and How Can a State Use Race to Draw Legislative Districts, Consistent with the Equal Protection Clause and the Voting Rights Act: McCrory et al. v. Harris et al., Steven D. Schwinn
When a Party Appeals a District Court's Denial of a Motion to Compel Arbitration, Does the Appeal Require a District Court to Stay Proceedings in the Underlying Case?, Steven D. Schwinn