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Articles 1 - 30 of 30
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The Pariah Principle, Daniel A. Farber, Suzanna Sherry
The Pariah Principle, Daniel A. Farber, Suzanna Sherry
Suzanna Sherry
Argues the decision in the homosexuality case of `Romer versus Evans' means that Colorado's Amendment Two is invalid regardless of the level of judicial scrutiny. Failure of the `Romer' court to invoke familiar doctrinal support; Government's ban on untouchable societal groups; Arguments for invalidating Amendment Two; Definition of the pariah principle.
Religion And The Public Square: Making Democracy Safe For Religious Minorities, Suzanna Sherry
Religion And The Public Square: Making Democracy Safe For Religious Minorities, Suzanna Sherry
Suzanna Sherry
No abstract provided.
The Gender Of Judges, Suzanna Sherry
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Responsible Republicanism: Educating For Citizenship, Suzanna Sherry
Responsible Republicanism: Educating For Citizenship, Suzanna Sherry
Suzanna Sherry
No abstract provided.
The Eleventh Amendment And Stare Decisis: Overruling Hans V Louisiana, Suzanna Sherry
The Eleventh Amendment And Stare Decisis: Overruling Hans V Louisiana, Suzanna Sherry
Suzanna Sherry
No abstract provided.
The Barking Dog, Suzanna Sherry
Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry
Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry
Suzanna Sherry
What do the following cases have in common? In Boy Scouts of America v. Dale,2 the Court upheld the right of a private organization to ignore a generally applicable state statute prohibiting discrimination on the basis of sexual orientation. In Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston,3 the Court upheld the right of parade organizers to exclude gay-rights banners. In Zelman v. Simmons-Harri4s , the Court permitted government funding of religious schools through vouchers issued to low-income parents. And in Rosenberger v. Rector and Visitors of the University of Virginia, the Court required state funding of the …
Two Hundred Years Ago Today, Suzanna Sherry
Two Hundred Years Ago Today, Suzanna Sherry
Suzanna Sherry
There is a tendency in the bicentennial year-and especially this week-to idealize the events of 1787. We tend to presume that the men who wrote the Constitution were near-perfect demigods, who crafted a brilliant and internally consistent document from their own insights. We assume that the Constitution represents the consensus of opinion of those fifty-five men, and even of the population at large in 1787. I want to debunk those myths. I want to talk instead about the problems, about the mistakes, and about the very different visions of government that were represented at the Constitutional Convention. In short, I …
Separation Of Powers: Asking A Different Question, Suzanna Sherry
Separation Of Powers: Asking A Different Question, Suzanna Sherry
Suzanna Sherry
What I find most intriguing about Professor Casper's essay1 is its historical description of the founders' attitude not so much toward "separation of powers," but toward separation of powers "questions." In other words, I am more interested in how the founders approached questions and in the sources of their answers than in the substance of those answers. In comparing Professor Casper's description of the late eighteenth-century approach to separation of powers questions with the predominant way of asking separation of powers questions today, I find that the two are quite different. The difference in approach is equivalent to the difference …
Plus Ìàa Change ... Or If Hard Cases Make Bad Law, What Do Bad Cases Make?, Suzanna Sherry
Plus Ìàa Change ... Or If Hard Cases Make Bad Law, What Do Bad Cases Make?, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Perspectives: Law In The Grand Manner, Suzanna Sherry
Perspectives: Law In The Grand Manner, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Pick A Number, Any Number: State Representation In Congress After The 2000 Census, Paul H. Edelman, Suzanna Sherry
Pick A Number, Any Number: State Representation In Congress After The 2000 Census, Paul H. Edelman, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Politics And Judgment, Suzanna Sherry
Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry
Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Justice O'Conner's Dilemma: The Baseline Question, Suzanna Sherry
Justice O'Conner's Dilemma: The Baseline Question, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Overruling Erie: Nationwide Class Actions And National, Suzanna Sherry
Overruling Erie: Nationwide Class Actions And National, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry
Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Our Unconstitutional Senate., Suzanna Sherry
Logic Without Experience: The Problem Of Federal Appellate Courts, Suzanna Sherry
Logic Without Experience: The Problem Of Federal Appellate Courts, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Judicial Federalism In The Trenches: The Rooker-Feldman Doctrine In Action, Suzanna Sherry
Judicial Federalism In The Trenches: The Rooker-Feldman Doctrine In Action, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Habeas Corpus And State Sentencing Reform: A Story Of Unintended Consequences, Nancy J. King, Suzanna Sherry
Habeas Corpus And State Sentencing Reform: A Story Of Unintended Consequences, Nancy J. King, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Implied Limits On The Legislative Power: The Intellectual Property Clause As An Absolute Constraint On Congress, Paul J. Heald, Suzanna Sherry
Implied Limits On The Legislative Power: The Intellectual Property Clause As An Absolute Constraint On Congress, Paul J. Heald, Suzanna Sherry
Suzanna Sherry
Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins by looking at other limits on the legislative power that the Court has found in the Bankruptcy Clause, the Eleventh Amendment, the Tenth Amendment, and Article III. Then by examining the history and structure of the Intellectual Property Clause and relevant precedent, they distill four principles of constitutional weight--the Suspect Grant Principle, the Quid Pro Quo Principle, the Authorship Principle, and the Public Domain Principle. These principles inform the Court's …
Employment Discrimination: An Overview Of The 1989 Supreme Court Term, Suzanna Sherry
Employment Discrimination: An Overview Of The 1989 Supreme Court Term, Suzanna Sherry
Suzanna Sherry
Symposium: Employment Law Discrimination
All Or Nothing: Explaining The Size Of Supreme Court Majorities, Paul H. Edelman, Suzanna Sherry
All Or Nothing: Explaining The Size Of Supreme Court Majorities, Paul H. Edelman, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Book Review: Gender Justice. By David L. Kirp, Mark G. Yudof, Marlene S. Franks., Suzanna Sherry
Book Review: Gender Justice. By David L. Kirp, Mark G. Yudof, Marlene S. Franks., Suzanna Sherry
Suzanna Sherry
Book review: Gender Justice. By David L. Kirp, Mark G. Yudof, Marlene S. Franks. Chicago, Il.: University of Chicago Press. 1986. Pp. x, 296. Reviewed by: Suzanna Sherry.
Is The Supreme Court Failing At Its Job, Or Are We Failing At Ours, Suzanna Sherry
Is The Supreme Court Failing At Its Job, Or Are We Failing At Ours, Suzanna Sherry
Suzanna Sherry
Sanford Levinson calls for a new constitutional convention in Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It). This review explains how Levinson overstates the Constitution's defects and understates the risks of submitting it to a constitutional convention for revision. It exposes the hidden biases in Levinson's analysis and defends the counter-majoritarian aspects of the Constitution that Levinson criticizes. Chemerinsky is one of the leading constitutional scholars of our time and a frequent advocate before the U.S. Supreme Court. If he thinks there is a case to be made against the Court, we …
Introducing New Voices, Suzanna Sherry
Introducing New Voices, Suzanna Sherry
Suzanna Sherry
Students rarely have the time to repackage last semester's research for submission to law reviews. Even if they do, law reviews are loathe to publish work submitted by students. Publication in a peer-reviewed journal is unlikelier still. Enter NEW VOICES. Our best students are the next generation of scholars, the academic farm team as it were. If we can identify and nurture them early, perhaps they will produce better scholarship down the road. And reading their work can invigorate our own, by allowing us to see things in a fresh new light.
Independent Judges And Independent Justice, Suzanna Sherry
Independent Judges And Independent Justice, Suzanna Sherry
Suzanna Sherry
Professor Currie's article [See David P. Currie, "Separating Judicial Power", 61 LAW & CONTEMPORARY PROBLEMS 7 (Summer 1998) ] discusses historical attempts to limit judicial independence. I consider the converse: how judges have exercised their independence. This essay provides a brief historical overview of judges using their independence to implement their own view of justice, often contrary to both popular sentiment and legislative will.
Democracy Uncaged, Suzanna Sherry
Democracy Uncaged, Suzanna Sherry
Suzanna Sherry
Sanford Levinson calls for a new constitutional convention in Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It). This review explains how Levinson overstates the Constitution's defects and understates the risks of submitting it to a constitutional convention for revision. It exposes the hidden biases in Levinson's analysis and defends the counter-majoritarian aspects of the Constitution that Levinson criticizes.