Remedies
Forum
Partisanship, Remedies, and the Rule of Law
This Essay responds to Don R. Willett and Aaron Gordon’s Review of The Collapse of Constitutional Remedies. I show that Willett and Gordon inaccurately describe Collapse’s main argument; offer an internally inconsistent critique; and fail to understand key terms such as judicial independence and th…
Review
Rights, Structure, and Remediation
In The Collapse of Constitutional Remedies, Aziz Huq contends federal courts exacerbate societal inequities by overzealously enforcing constitutional limits on government regulation while neglecting individual-rights violations. Though some of Huq’s criticisms are spot-on, others are overstated, and…
Note
Reflective Remedies
When the law’s requirements are uncertain, potential remedies for a violation of the law influence how actors behave within that zone of uncertainty. This Note proposes a new class of remedies to handle such problems. It argues that “reflective remedies” encourage socially optimal behavior when cert…
Note
Making Black Lives Matter: Properly Valuing the Rights of the Marginalized in Constitutional Torts
Black lives are systematically undervalued by constitutional enforcement remedies. Courts and scholars have unquestioningly adopted tort law’s corrective-justice scheme for § 1983 suits. But corrective justice is unsatisfactory in a context where the government and private parties frequently interac…