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Duke Law

Journal

2004

Supreme Court decisions

Articles 1 - 4 of 4

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Speech And Strife, Robert L. Tsai Jul 2004

Speech And Strife, Robert L. Tsai

Law and Contemporary Problems

Tsai examines the ways in which the US Supreme Court uses language to signal its authority. One technique of the Court is to frequently use the image of institutional conflict within its rulings.


The Majoritarian Rehnquist Court?, Neal Devins Jul 2004

The Majoritarian Rehnquist Court?, Neal Devins

Law and Contemporary Problems

Devins examines the reasons behind the tendency of the US Supreme Court under William Rehnquist to strike down federal laws. Majoritarian forces, including the use of the Court as a check against Congress, have led to the invalidation of many federal statutes.


The Cycles Of Constitutional Theory, Barry Friedman Jul 2004

The Cycles Of Constitutional Theory, Barry Friedman

Law and Contemporary Problems

Friedman presents information on the cyclical nature of constitutional theory. Because constitutional theory is a reaction to the current developments of constitutional law, it is interesting to view constitutional issues through the framework of different historical circumstances.


Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry Jul 2004

Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry

Law and Contemporary Problems

Sherry presents information concerning the labeling of court decisions as being liberal or conservative victories. Because each case can be viewed in different aspects of liberalism and conservatism, it is more appropriate to simply recognize that there are important, non-ideological values at stake on both sides of each case.