The Normality of Knick: A Response to Sterk and Pollack

Ilya Somin

Abstract Response to Stewart E. Sterk & Michael C. Pollack, A Knock on Knick‘s Revival of Federal Takings Litigation. The Supreme Court’s decision in Knick v. Township of Scott, has been criticized for supposedly wreaking havoc on the normal system for adjudicating takings claims, and for seriously violating norms of stare decisis. Stewart Sterk and Michael […]

Border Searches in a Digital Age: Finding Alignment Amidst a Diluted Right

Anne L. Kelley

Abstract Searches of electronic devices at the border present a sui generis situation that distinguishes them from traditional border searches of other physical property, such as a backpack, car, or piece of luggage. The traditional border search doctrine framework has challenged federal courts with regard to how to categorize searches of electronic devices at the […]

Diagnosing the Ills of American Monument-Protection Laws: A Response to Phelps and Owley’s Etched in Stone

Zachary Bray

Abstract Response to Jess Phelps and Jessica Owley, Etched in Stone: Historic Preservation Law and Confederate Monuments. As in their other work, Jess Phelps and Professor Jessica Owley provide this sort of vision in Etched in Stone: Historic Preservation Law and Confederate Monuments (“Etched in Stone”), their recently-published Article in the Florida Law Review. In […]