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Intrastate Federalism, Rick Su
Intrastate Federalism, Rick Su
Rick Su
In debates about the role of federalism in America, much turns on the differences between states. But what about divisions within states? The site of political conflict in America is shifting: battles once marked by interstate conflict at the national level are increasingly reflected in intrastate clashes at the local. This shift has not undermined the role of federalism in American politics, as many predicted. Rather, federalism's role has evolved to encompass the growing divide within states and between localities. In other words, federalism disputes — formally structured as between the federal government and the states — are increasingly being …
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
Anthony O'Rourke
Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number …
Discretionary Dockets, Randy J. Kozel, Jeffrey Pojanowski
Discretionary Dockets, Randy J. Kozel, Jeffrey Pojanowski
Randy J Kozel
The Supreme Court’s workload and its method for selecting cases have drawn increasing critical scrutiny. Similarly, and separately, recent commentary has focused on the disparate approaches the Court has taken to resolving cases on its (historically small) docket. In this Essay we draw these two lines of inquiry together to argue that the Court’s case selection should align with its approach to constitutional adjudication. In doing so, we discuss four modes of constitutional decisionmaking and then examine the interplay between those modes, the Court’s management of its docket, and its sense of institutional role. The Court, we argue, has neither …
Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs
Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs
Leslie Gielow Jacobs
In Walker v. Texas Division, Sons of Confederate Veterans, Inc., the Court extended its previous holding in Pleasant Grove City, Utah v. Summum, that a city’s donated park monuments were government speech, to the privately proposed designs that Texas accepts and stamps onto its specialty license plates. The placement of the program into the new doctrinal category is significant because the selection criteria for government–private speech combinations that produce government speech are “exempt from First Amendment scrutiny.” By contrast, when the government selects private speakers to participate in a private speech forum, its criteria must be reasonable in light of …
Developments In Constitutional Law: The 1994-95 Term, Hester Lessard, Bruce Ryder, David Schneiderman, Margot Young
Developments In Constitutional Law: The 1994-95 Term, Hester Lessard, Bruce Ryder, David Schneiderman, Margot Young
Bruce B. Ryder
This essay explores the apparent triumph of the individual of classical liberalism in Supreme Court decision making. Our analysis examines the particular way in which this political imagery of the individual interacts with judicial assumptions about important social institutions: the family, religion, media, and the state. What is revealed is the judicial adoption of an intricate social and political map in which abstract individualism combines with, and often masks, traditional, conservative images of social order and moral choice.
The Press, Privacy, And Public Figures - A Symposium - Introduction, Donald W. Dowd
The Press, Privacy, And Public Figures - A Symposium - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd
Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd
Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
50th Annual William H. Leary Lecture - Fifty Years Of Constitutional Law: What's Changed?, Erwin Chemerinsky
50th Annual William H. Leary Lecture - Fifty Years Of Constitutional Law: What's Changed?, Erwin Chemerinsky
Erwin Chemerinsky
I truly believe that over the next fifty years there will be, as there was in the prior fifty years, an expansion of freedom; an increase in equality. Because here I believe, and I’ll conclude with this, that the late Dr. Martin Luther King got it right when he said “The arc of the moral universe is long but it bends towards justice."
Construction, Originalist Interpretation And The Complete Constitution, Richard Kay
Construction, Originalist Interpretation And The Complete Constitution, Richard Kay
Richard Kay
Obama's Conversion On Same-Sex Marriage, Robert L. Tsai
Obama's Conversion On Same-Sex Marriage, Robert L. Tsai
Robert L Tsai