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This Note highlights a troubling gap in access to federal habeas relief for persons detained in American Samoa, the only United States territory that does not confer birthright citizenship on…

In 1899, the first juvenile court system was established in Cook County, Illinois. The newly founded court recognized that crimes committed by children should be adjudicated differently than those committed…

No court recognizes the right to adopt a child. By contrast, we embrace family formation rights and protect choices about whether to marry, procreate, and rear biological children. These rights…

Since its inception, the U.S. Supreme Court has only heard a total of five cases interpreting the Excessive Fines Clause of the Eighth Amendment. While the Eighth Amendment’s other clauses—such…

In the first two decades of the twenty-first century, American legal scholars have discovered exceptionalism everywhere: family law exceptionalism, tax law exceptionalism, bankruptcy exceptionalism, immigration exceptionalism, criminal law exceptionalism, and…

Courts readily accept that the university–student relationship is fundamentally contractual but face difficulties defining the agreement. This Article develops a coherent framework to discern the university–student contract in traditional four-year…