Abortion is now illegal in roughly a third of the country, but abortion pills are more widely available than ever before. Clinics, websites, and informal networks facilitate the distribution of abortion pills, legally and illegally, across the United States, while anti-abortion advocates and legislators are adopting all manner of strategies to attack pills. This Article…
Conspiracy jurisdiction is the theory that a defendant may be subject to personal jurisdiction in the forum state based on actions taken in furtherance of a conspiracy. What makes conspiracy jurisdiction unique is that as long as the acts of a co-conspirator were directed at the forum state, other members of the conspiracy may be…
Shortly after the Bivens remedy was born, the Federal Tort Claims Act nearly killed it. In Carlson v. Green, the United States argued that an implied constitutional remedy was no longer necessary because Congress had amended the FTCA to cover intentional torts. The Supreme Court disagreed, and Bivens survived. Today, Bivens is alive but showing…
