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Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law: The 1992-93 Term), Eileen Kaufman Nov 2013

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 ...


Is Medicaid Constitutional?, Timothy Stoltzfus Jost Nov 2013

Is Medicaid Constitutional?, Timothy Stoltzfus Jost

Timothy S. Jost

Not available.


Religious Freedom And Women's Health - Litigation On Contraception, Timothy Stoltzfus Jost Nov 2013

Religious Freedom And Women's Health - Litigation On Contraception, Timothy Stoltzfus Jost

Timothy S. Jost

Not available.


Precedent And Reliance, Randy J. Kozel Nov 2013

Precedent And Reliance, Randy J. Kozel

Randy J Kozel

Among the most prevalent justifications for deference to judicial precedent is the protection of reliance interests. The theory is that when judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change. Yet there remains a fundamental question as to why reliance on precedent warrants judicial protection in the first place. American courts have made clear that deference to precedent is a flexible policy rather than an absolute rule. The defeasibility of precedent raises the possibility that stakeholders who fail to mediate their reliance on precedent forfeit any claim to judicial protection through the doctrine of ...


Supreme Court Wrestles With Prayer At Public Meetings, Alan E. Garfield Nov 2013

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 Nov 2013

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 ...


The Lame Ducks Of Marbury, John C. Nagle Nov 2013

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 people who ...


Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley Oct 2013

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.


The Viability Of Citizens’ Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Bevery Mcqueary Smith Oct 2013

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 Oct 2013

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 Oct 2013

Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Weighing One Constitutional Need Against Another, Alan E. Garfield Jun 2013

Weighing One Constitutional Need Against Another, Alan E. Garfield

Alan E Garfield

No abstract provided.


Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz Jun 2013

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."


Discussion: A Focus On Federalism, Jeffrey B. Morris Jun 2013

Discussion: A Focus On Federalism, Jeffrey B. Morris

Jeffrey B. Morris

No abstract provided.


2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin May 2013

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 May 2013

Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Same-Sex Marriage Case Puts High Court In A Pickle, Alan E. Garfield Apr 2013

Same-Sex Marriage Case Puts High Court In A Pickle, Alan E. Garfield

Alan E Garfield

No abstract provided.


Chief Justice Roberts' Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory Magarian Feb 2013

Chief Justice Roberts' Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory Magarian

Gregory P. Magarian

After the U.S. Supreme Court in National Federation of Independent Business v. Sebelius held nearly all of the Patient Protection and Affordable Care Act constitutional, praise rained down on Chief Justice John Roberts. The Chief Justice’s lead opinion broke with his usual conservative allies on the Court by upholding the Act’s individual mandate under the Taxing Clause. Numerous academic and popular commentators have lauded the Chief Justice for his political courage and institutional pragmatism. In this essay, Professor Magarian challenges the heroic narrative surrounding the Chief Justice’s opinion. The essay contends that the opinion is, in ...


Public Law And Public Resources In India, Shubhankar Dam Dec 2012

Public Law And Public Resources In India, Shubhankar Dam

Shubhankar Dam

No abstract provided.