In recent years, advances in policing technology have dramatically expanded law enforcement’s ability to access data. This includes children’s data—their photographs, text messages, geolocation data, health information, and online search histories—revealing intimate details of a child’s life. While scholars have examined law enforcement’s access to data generally, this Article offers the first comprehensive analysis of children’s digital evidence…

Fourth Amendment law has two “search” tests: The Katz privacy test and the Jones property test. Lower courts are not sure what the difference is between them, however, or whether the Jones test is based on trespass law or the mechanics of physical intrusion. The result is a remarkable conceptual uncertainty in Fourth Amendment law.

Fifteen years ago, the Supreme Court announced two significant civil procedure decisions – Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009). Together, Iqbal and Twombly marked a new approach to pleading in federal courts. No longer would courts apply the forgiving notice pleading standard, in force since the 1938 adoption of the…

Constitutional private law is like ordinary private law. It imposes relational obligations on government officials, like duties to use only reasonable force against a person or not to fire an employee for discriminatory reasons, that are analogous to the rules of tort, property, or contract. Constitutional public law, by contrast, controls when and how governments validly change non-constitutional legal rules.

Recent debates surrounding transgender children and the rights of their parents reveal a troubling development. When addressing state restrictions on vital medical care for transgender children, several courts have used possessive determiners, such as “its children” or “their children,” to describe the state’s relationship to these children.

This Note traces the Supreme Court’s evolving approach to standing—from the early, unresolved procedural issues raised in Hayburn’s Case to today’s pivotal decisions, such as Students for Fair Admissions v. Harvard—and argues that the modern three-pronged standing test (“injury in fact,” “traceability,” and “redressability”) lacks firm constitutional grounding.

Texas’s freshly minted business courts offer significant and unique incentives for businesses to incorporate in the state. However, it remains to be seen whether Texas can compete with Delaware’s long-held incorporation dominance. Although the Texas Business Court system’s strict jurisdictional requirements, specialized appeals court, and proclivity for releasing written opinions are a boon for efficient corporate litigation and the development…