Winter Recap and Recess

Some of my posts this fall ended up prompting other posts and linking together. In case anyone is interested in those inter-linked posts, I’ve assembled them below.

But first, a point about scheduling. With both the Court and the law school out of session, Re’s Judicata is going to go into recess until mid-January. I hope that everyone enjoys the holidays and has a good new year!

I. Justiciability After Lexmark

  1. The Doctrine Formerly Known as Statutory Standing
  2. Another Type of Standing That Isn’t
  3. The Rule Against Just One Generalized Grievance
  4. Ripeness, In and After SBA List v. Driehaus [summer]

II. Circuit Precedent and Clearly Established Law

  1. Does Circuit Precedent Deprive Officers of Qualified Immunity?
  2. Should Circuit Precedent Deprive Officers of Qualified Immunity?
  3. An AEDPA Sum Rev on Circuit Precedent and Clearly Established Law
  4. Clearly Established” Law in Good-Faith Suppression Cases

III. Signaling

  1. Supreme Court Signals
  2. More Supreme Court Signals

IV. Sub Silentio Precedent

  1. Who’s Afraid of Assuming Federal Jurisdiction? [summer]
  2. Is Hobby Lobby A Precedent on Jurisdiction?
  3. Is Fisher v. University of Texas a Precedent on Jurisdiction? 

V. “Lower” Courts

  1. Should Lower Courts Facilitate Supreme Court Review?
  2. Should En Banc Review Correct Obvious Errors?

VI. Supreme Politics

  1. Supreme Retirements and the Habit of Politics
  2. Should Courts Postpone Politically Salient Decisions?

VII. Narrowing

  1. Narrowing Precedent and the Digital Fourth Amendment
  2. Can Justice Kagan Narrow Heien v. North Carolina?

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