Merritt E. McAlister* Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law students read in casebooks. Over the last fifty years, the so-called “unpublished ...

Gabriel Rauterberg* This Article suggests a fundamental shift in how we think about agency. The essential function of agency law lies not only in enabling the delegation of authority, as is widely suggested, but as ...

Lauren Schusterman* Expedited removal allows low-level immigration officers to summarily order the deportation of certain noncitizens, frequently with little to no judicial oversight. Noncitizens with legitimate ...

Hayato Watanabe* At the state and federal levels, the pardon power can be used to restore the dignity and legal rights lost by a criminal conviction. Unfortunately, those facing similar consequences from municipal ...

Richard Primus* When constitutional lawyers talk about the original meaning of the Fourteenth Amendment as applied to questions of race, they often mention that the spectators’ galleries in Congress were racially ...

Kathryn E. Kovacs* Introduction Nicholas Bagley’s article The Procedure Fetishis destined to be a classic.[1]In it, Bagley systematically dismantles administrative law’s obsession with procedure. He decimates ...

Nicholas Bagley* The strict procedural rules that characterize modern administrative law are said to be necessary to sustain the fragile legitimacy of a powerful and constitutionally suspect administrative state. We ...

David L. Noll* From the Deepwater Horizon disaster to the opioid crisis, multidistrict litigation—or simply MDL—has become the preeminent forum for devising solutions to the most difficult problems in the ...

Jackson Erpenbach* Article III standing is a central requirement in federal litigation. The Supreme Court’s Spokeo decision marked a significant development in the doctrine, dividing the concrete injury-in-fact ...

Christopher I. Pryby* Under the border search doctrine, courts have upheld the federal government’s practice of searching people and their possessions upon entry into or exit from the United States, without ...