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Supreme Court of the United States
University of Arkansas at Little Rock William H. Bowen School of Law
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- Aesthetic (1)
- Affirmative action (1)
- Bollinger (1)
- Caperton v. Massey (1)
- Citizens United v. FEC (1)
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- Clarence thomas (1)
- Confrontation Clause (1)
- Crawford v. Washington (1)
- Critical mass (1)
- Federal court (1)
- Fixed (1)
- Frederick douglass (1)
- Grutter (1)
- Hearsay (1)
- Independence (1)
- Justice (1)
- Justices (1)
- Limited (1)
- Nontestimonial (1)
- Originalism (1)
- Partisan Judicial Elections (1)
- Penal interest exception (1)
- Presidential appointment (1)
- Proposed constititional amendment (1)
- Ralph Rodney Earnest (1)
- Resignation (1)
- Retirement (1)
- Retroactivity (1)
- Sixth Amendment (1)
- Staggered (1)
Articles 1 - 4 of 4
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Procuring ‘Justice’?: Citizens United, Caperton, And Partisan Judicial Elections, André Douglas Pond Cummings
Procuring ‘Justice’?: Citizens United, Caperton, And Partisan Judicial Elections, André Douglas Pond Cummings
Faculty Scholarship
In recent years, two inextricably connected issues have received a great deal of attention in both United States political discourse and in the legal academic literature. One issue of intense legal debate and frustration has been that of judicial recusal, including an examination of the appropriate standards that should necessarily apply to judges that seem conflicted or biased in their role as neutral arbiter. A second issue that has spawned heated commentary and great dispute over the past decade is that of campaign finance law, including examination of the role that powerful and wealthy benefactors play in American electioneering. Both …
Crawford, Retroactivity, And The Importance Of Being Earnest, J. Thomas Sullivan
Crawford, Retroactivity, And The Importance Of Being Earnest, J. Thomas Sullivan
Faculty Scholarship
In this article Professor Sullivan examines the Supreme Court's evolving Confrontation Clause jurisprudence through its dramatic return to pre-Sixth Amendment appreciation of the role of cross-examination in the criminal trial reflected in its 2004 decision in Crawford v. Washington. He discusses the past quarter century of the Court's confrontation decisions and their impact on his client, Ralph Rodney Earnest, recounting the defendant's conviction and twenty-four-year litigation journey through state and federal courts to his eventual release from prison in the only successful attempt to use Crawford retroactively known to date.
Grutter V. Bollinger, Clarence Thomas, Affirmative Action And The Treachery Of Originalism: "The Sun Don't Shine Here In This Part Of Town", André Douglas Pond Cummings
Grutter V. Bollinger, Clarence Thomas, Affirmative Action And The Treachery Of Originalism: "The Sun Don't Shine Here In This Part Of Town", André Douglas Pond Cummings
Faculty Scholarship
Careful examination of Justice Clarence Thomas's dissenting opinion in the landmark affirmative action case Grutter v. Bollinger is important for a number of reasons: First, as one of the youngest members of the U.S. Supreme Court, Thomas stands a reasonable chance of still being a member of the court in 25 years, the self imposed implosion date (sunset provision) established by Justice O'Connor's majority opinion. No doubt, Thomas relishes the idea of writing the majority opinion that kills affirmative action and racial preferences for good.
Second, much as Justice Harlan's dissenting opinion in Plessy v. Ferguson was used as a …
Systematic Justice: A Proposed Constitutional Amendment To Establish Fixed, Staggered Terms For Members Of The United States Supreme Court, Philip D. Oliver
Systematic Justice: A Proposed Constitutional Amendment To Establish Fixed, Staggered Terms For Members Of The United States Supreme Court, Philip D. Oliver
Faculty Scholarship
The United States Supreme Court's role as final interpreter of the laws and Constitution of the United States makes it the most important judicial body in the world. This Article will advance a proposal to change the term of office of the Justices who wield this power.