Volume 47, Issue 1
February 2026
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An Originalist Interpretation of Article III Permits and Favors Bivens Actions as a Recognition of the Intrinsic Connection Between Rights and Remedies
The Bivens Doctrine, which stands for the principle that judges may infer private causes of action for money damages against federal officers from a constitutional text that does not expressly create such remedies, has faced attack from Originalists on the Supreme Court of the United States. Every case seeking to extend the Bivens principle to…
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A Clash Between RFRA and the Department of Homeland Security: Does a Rescission of the Sensitive Locations Policy Substantially Burden the Free Exercise of Religion?
Currently before the United States District Court for the District of Columbia is a case (Mennonite Church USA et al v. U.S. Dep’t of Homeland Sec.) challenging federal immigration enforcement action under the Religious Freedom Restoration Act (RFRA). RFRA proscribes the Government from acting in a way that “substantially burden[s] a person’s exercise of religion,”…
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Genomic Surveillance: Your DNA is not Neutral, You Don’t Even Own It.
New York is the nation’s capital state for technology and finance, and leads in the expansion of the usage of DNA that has been collected in DNA databases to solve crimes in the name of criminal justice; however, this same application raises concerns about privacy infringements and toeing the line of the Fourth Amendment’s constitutional…