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Articles 1 - 30 of 70
Full-Text Articles in Entire DC Network
Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law: The 1992-93 Term), Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law: The 1992-93 Term), Eileen Kaufman
Eileen Kaufman
At a symposium entitled, “The Supreme Court and Local Government Law; The 1992/93 Term”, Professor Eileen Kaufman spoke about the cases involving employment discrimination that were decided during that particular Term, Hazen Paper Company v. Biggins and St. Mary's Honor Center v. Hicks. While Hazen is an age discrimination case and St. Mary's is a Title VII case, they can be viewed as companion cases which serve to explain what an employment discrimination plaintiff must now establish when attempting to prove disparate treatment by indirect evidence. By way of preview, suffice it to say that plaintiff's task has been made …
Is Medicaid Constitutional?, Timothy Stoltzfus Jost
November 8, 2013: Legislative Prayer, Bruce Ledewitz
November 8, 2013: Legislative Prayer, Bruce Ledewitz
Hallowed Secularism
Blog post, “Legislative Prayer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Supreme Court Wrestles With Prayer At Public Meetings, Alan E. Garfield
Supreme Court Wrestles With Prayer At Public Meetings, Alan E. Garfield
Alan E Garfield
No abstract provided.
Judicial Review, Local Values, And Pluralism, Richard W. Garnett
Judicial Review, Local Values, And Pluralism, Richard W. Garnett
Richard W Garnett
At the Federalist Society's 2008 National Student Symposium, a panel of scholars was asked to consider the question, does pervasive judicial review threaten to destroy local identity by homogenizing community norms? The answer to this question is yes, pervasive judicial review certainly does threaten local identity, because such review can homogenize[e] community norms, either by dragging them into conformity with national, constitutional standards or (more controversially) by subordinating them to the reviewers' own commitments. It is important to recall, however, that while it is true that an important feature of our federalism is local variation in laws and values, it …
The Lame Ducks Of Marbury, John C. Nagle
The Lame Ducks Of Marbury, John C. Nagle
John Copeland Nagle
The election of 1800 was one of the most contested - and important - in American history. After it became clear that neither President John Adams nor a Federalist majority in Congress had been reelected, they acted during the lame-duck period to preserve their influences far into the future. They did so by appointing John Marshall as Chief Justice, ratifying the Treaty with France, creating numerous new federal judicial positions, and filling many of those positions with friends, family, and Federalists (including William Marbury). Not surprisingly, Jefferson and his supporters protested these actions as contrary to the will of the …
Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley
Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley
Gerard V. Bradley
No abstract provided.
October 26, 2013: In God We Trust In The Public Schools, Bruce Ledewitz
October 26, 2013: In God We Trust In The Public Schools, Bruce Ledewitz
Hallowed Secularism
Blog post, “In God We Trust in the Public Schools“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Viability Of Citizens’ Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Bevery Mcqueary Smith
The Viability Of Citizens’ Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Bevery Mcqueary Smith
Beverly McQueary Smith
No abstract provided.
Section 1983, Martin A. Schwartz, Leon Lazer, George Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Leon Lazer, George Pratt, Leon Friedman
Leon D. Lazer
No abstract provided.
Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz
Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl
Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl
Touro Law Review
No abstract provided.
Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson
Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson
Touro Law Review
No abstract provided.
July 11, 2013: Should We Discard The Constitution?, Bruce Ledewitz
July 11, 2013: Should We Discard The Constitution?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Should We Discard the Constitution?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 2, 2013: Is Opposition To Gay Marriage Irrational?, Bruce Ledewitz
July 2, 2013: Is Opposition To Gay Marriage Irrational?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Opposition to Gay Marriage Irrational?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Functioning Just Fine: The Unappreciated Value Of The Supreme Court Confirmation Process, Lori A. Ringhand, Paul M. Collins Jr.
Functioning Just Fine: The Unappreciated Value Of The Supreme Court Confirmation Process, Lori A. Ringhand, Paul M. Collins Jr.
Scholarly Works
Scholars, politicians, and legal commentators from across the ideological spectrum seem to agree that the U.S. Supreme Court confirmation process is broken and needs to be fixed. Reform proposals vary, but share a common assumption that if we do not do something the legitimacy of the Court will be at risk.
This Article presents an alternative view, arguing that the confirmation process is in fact functioning just fine. The way we confirm Supreme Court nominees today is not perfect, but nor is it all that bad. If there is a crisis facing the high Court today, it lies not in …
Weighing One Constitutional Need Against Another, Alan E. Garfield
Weighing One Constitutional Need Against Another, Alan E. Garfield
Alan E Garfield
No abstract provided.
June 29, 2013: The Other Side Of The Us Supreme Court Decisions, Bruce Ledewitz
June 29, 2013: The Other Side Of The Us Supreme Court Decisions, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Other Side of the US Supreme Court Decisions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz
Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz
Martin A. Schwartz
"The purpose of this presentation is to examine two recent Supreme Court decisions, Connick v. Thompson and Ashcroft v. Iqbal with an eye to their impact on how lower federal courts will assess such claims in the wake of new constraints imposed by these cases. The focus of the discussion will be on developments in single-incident liability cases after Connick and supervisory liability claims after Iqbal."
Lower Court Compliance With Supreme Court Remands, Elise Borochoff
Lower Court Compliance With Supreme Court Remands, Elise Borochoff
Touro Law Review
No abstract provided.
When Congress Practices Medicine: How Congressional Legislation Of Medical Judgment May Infringe A Fundamental Right, Shannon L. Pedersen
When Congress Practices Medicine: How Congressional Legislation Of Medical Judgment May Infringe A Fundamental Right, Shannon L. Pedersen
Touro Law Review
No abstract provided.
Striking A Balance: The Speech Or Debate Clause’S Testimonial Privilege And Policing Government Corruption, Jay Rothrock
Striking A Balance: The Speech Or Debate Clause’S Testimonial Privilege And Policing Government Corruption, Jay Rothrock
Touro Law Review
No abstract provided.
Discussion: A Focus On Federalism, Jeffrey B. Morris
Discussion: A Focus On Federalism, Jeffrey B. Morris
Jeffrey B. Morris
No abstract provided.
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In this writing, the author applies a “decision theory” of statutory interpretation, elaborated recently in the Yale Law Journal, to Professor William Eskridge’s illustrative case, Babbitt v. Sweet Home Chapter of Communities for a Great Oregon. In the course of this application, she takes issue with the conventional wisdom that purposivism, as a method of statutory interpretation, is inevitably a more virtuous model of statutory interpretation. First, the author questions whether we have a clear enough jurisprudential picture both of judicial discretion and legal as opposed to political normativity. Second, she argues that, under decision theory, Sweet Home is …
May 16, 2013: Was Schempp Such A Triumph?, Bruce Ledewitz
May 16, 2013: Was Schempp Such A Triumph?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Was Schempp Such a Triumph?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin
2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin
Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
The Tipping Point On The Scales Of Civil Justice, Dennis A. Kaufman
The Tipping Point On The Scales Of Civil Justice, Dennis A. Kaufman
Touro Law Review
The right to counsel in civil cases-metaphorically known as Civil Gideon-has gained traction in segments of the legal community, but advances have thus far been legislative, and while significant, adoption has been slow, less than cohesive or thematic and inconsistent across the country. Patchwork recognition and implementation by legislatures forms a fragile and uneven safety net. The availability of counsel is far from comprehensive. The preferred path to a comprehensive right to counsel in civil matters goes through the United States Supreme Court, but the Court refused to recognize a due process constitutional right to counsel in a civil matter …