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…
Category: Volume 103
Personal Jurisdiction and Federalism
Personal jurisdiction has long professed to safeguard interstate federalism through the principle that good fences make good neighbors. Although this goal sits uncomfortably with the idea of personal jurisdiction as an individual right under the Due Process Clause, recent decisions from the Supreme Court have reinvigorated the federalism aspect of personal jurisdiction, offering a new opportunity to appraise its value
Drug Dealing: Making Public Pharma Work
The U.S. market for prescription drugs is failing many Americans. Drug prices in the United States are nearly three times higher than in comparable countries, and evidence shows that patients regularly forego essential medicines because they cannot afford them. Additionally, shortages of important medicines are common. In partial response, California recently passed a law to enable public manufacture and
When is Discrimination Harmful?
In Muldrow v. City of St. Louis, the Supreme Court held that Title VII does not require a plaintiff to establish material harm to prove employment discrimination. Instead, any action that is negative and affects a term, condition, or privilege of employment is sufficient if the employer took the action because of a protected trait.
At first glance, Muldrow appears
Cliff Running
Professionals must at times make snap judgments that have profound consequences. Does a doctor perform an otherwise forbidden abortion to preserve a patient’s failing health? Does a police officer fire at a suspect pointing an unidentified metal object? The criminal law tells these professionals: Don’t intervene unless the danger is serious and the risk is imminent.
The Consequences of Ending Birthright Citizenship
On the first day of his second term in office, President Donald Trump issued an executive order purporting to deny citizenship to children born in the United States to undocumented parents. After numerous federal district courts enjoined implementation of the order, the Supreme Court’s decision in Trump v. CASA, Inc. paved the way for it to go into effect.

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