Although the U.S. Supreme Court refused to recognize education as a fundamental right in San Antonio Independent School District v. Rodriguez, the Court in several other cases has emphasized the possibility that the Constitution might afford some protection for education. New litigation is attempting to fill that void. This litigation comes at a perfect time.…
How much of “other people’s money” should city councils be paid? This Article analyzes the issue of city council compensation by exploring the institutional design of compensation procedures and unpacking the normative concerns surrounding the pay of our cities’ elected leaders. Should city councils decide their own pay? Should voters? Should state legislatures? This Article…
The Immigration and Nationality Act (INA) predicates various civil and criminal consequences on a noncitizen’s prior conviction for an “aggravated felony.” In determining whether a noncitizen’s prior conviction counts as one for an aggravated felony, courts and the relevant immigration agencies employ what is known as the categorical approach. That approach collides with Chevron deference…
Reams have been written on the state secrets privilege and its consequences for litigants’ rights. So too have scholars explored individuals’ rights to challenge security clearance decisions as they relate to employment. But there has never been a thorough exploration of how to resolve conflicts between the state secrets privilege and the security clearance system…
