Brianne J. Gorod
Forum
Sam Alito: The Court’s Most Consistent Conservative
Only two weeks before Justice Samuel Alito marked his tenth anniversary on the Supreme Court, the Court struck down Florida’s death penalty scheme. It held that the scheme violated the Sixth Amendment jury right because it permitted judges to sentence individuals to death based on facts not found by…
Comment
Limiting the Federal Forum: The Dangers of an Expansive Interpretation of the Tax Injunction Act
115 Yale L.J. 727 (2005)
In Henderson v. Stalder, the Court of Appeals for the Fifth Circuit held that the Tax Injunction Act (TIA) of 1937 prevents the federal courts from exercising jurisdiction over any case in which a victory for the plaintiff might reduce state revenues. In reaching this resul…
Comment
The Sorcerer's Apprentice: Sandoval, Chevron, and Agency Power to Define Private Rights of Action
113 Yale L.J. 939 (2004)
Private individuals have long played a key role in enforcing federal rights. Yet in a series of recent decisions, the Supreme Court has limited the ability of individuals to enforce federal rights through private suits. In Alexander v. Sandoval, for example, the Court held …