Law Commons^™

The Foreshadow Docket, Bert I. Huang

Faculty Scholarship

Imagine the Supreme Court issuing an emergency order that signals interest in departing from precedent, as if foreshadowing a change in the law. Seeing this, should the lower courts start ruling in ways that also anticipate the law of the future? They need not do so in their merits rulings. That much is clear. Such a signal does not create new binding precedent. Rather, it reflects the Justices’ guess about the future of the law — and what if that guess is wrong?

Yet for a lower court ruling on a temporary stay or injunction, the task seems to call …

Taking Corrigibility Seriously, Dora Klein

Faculty Articles

This article argues that the Supreme Court's creation of a category of "irreparably corrupt" juveniles is not only an epistemological mistake but also a tactical mistake which has undermined the Court's express desire that only in the "rarest" of cases will juveniles be sentenced to life in prison without the possibility of parole.

The Constitution And Democracy In Troubled Times, John M. Greabe

Law Faculty Scholarship

Does textualism and originalism approach positively impact democracy?

Testimony Of Rebecca Ingber Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber

Faculty Scholarship

Professor Rebecca Ingber testified before the U.S. Senate Judiciary Committee as it considered the nomination of Brett Kavanaugh for Associate Justice of the U.S. Supreme Court. Her testimony focused on Judge Kavanaugh's national security and international law jurisprudence, in particular, the court's role in considering international law constraints on the President's war powers, and the potential effects of this judicial approach on executive power.

The Court After Scalia, Kevin C. Walsh

Law Faculty Publications

In this editorial, Professor Walsh surveys the 2015-2016 U.S. Supreme Court term, with particular attention to the effects the late Justice Antonin Scalia's absence had on the Court's decisions.

Top 10 U.S. Supreme Court Cases From The Last Term, Donald Roth

Faculty Work Comprehensive List

"This list is ranked based on my perceptions of importance, newsworthiness, and the interests of this audience. Every Supreme Court case is significant. I just think these will be the most significant for a reading of in all things to know."

Posting about significant U.S. Supreme Court cases from the last term from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/top-10-u-s-supreme-court-cases-you-should-know-about/

5 U.S. Supreme Court Cases Every Christian Should Be Aware Of, Donald Roth

Faculty Work Comprehensive List

"What United Stated Supreme Court cases should Christians be aware of?"

Posting about the five United States Supreme Court cases of which all Christians should be aware from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/supreme-court-cases-christians-should-know-about/

Not Without Political Power: Gays And Lesbians, Equal Protection And The Suspect Class Doctrine, Darren L. Hutchinson

Faculty Articles

The Supreme Court purportedly utilizes the suspect class doctrine in order to balance institutional concerns with the protection of important constitutional rights. The Court, however, inconsistently applies this doctrine, and it has not precisely defined its contours. The political powerlessness factor is especially undertheorized and contradictorily applied. Nevertheless, this factor has become salient in recent equal protection cases brought by gay and lesbian plaintiffs.

A growing body of and federal and state-court precedent addresses the flaws of the Court's suspect class doctrine. This Article discusses the inadequacies of the suspect class doctrine and highlights problems within the emerging scholarship and …

Fundamental Norms, International Law, And The Extraterritorial Constitution, Jules Lobel

Articles

The Supreme Court, in Boumediene v. Bush, decisively rejected the Bush Administration's argument that the Constitution does not apply to aliens detained by the United States government abroad. However, the functional, practicality focused test articulated in Boumediene to determine when the constitution applies extraterritorially is in considerable tension with the fundamental norms jurisprudence that underlies and pervades the Court’s opinion. This Article seeks to reintegrate Boumediene's fundamental norms jurisprudence into its functional test, arguing that the functional test for extraterritorial application of habeas rights should be informed by fundamental norms of international law. The Article argues that utilizing international law’s …

Kate Chase, The "Sphere Of Women's Work," And Her Influence Upon Her Father's Dissent In Bradwell V. Illinois, Richard Aynes

Akron Law Faculty Publications

Kate Chase was said to be the most beautiful and the most intelligent woman of her age. Her father, Salmon P. Chase, is remembered today as Lincoln’s secretary of the treasury and as a chief judge of the U. S. Supreme Court. In his own time, Chase was considered one of the nation’s political giants; Abraham Lincoln described him as “one and a half times bigger than any other man” he had ever known. Carl Schurz’s summary still echoes today: “More than anyone else he looked the great man. Tall, broad-shouldered, and proudly erect, . . . he was a …

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides

Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

8 pages.

Includes bibliographical references

"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda

Agenda: The Future Of Federal Wetlands Regulation After Rapanos, University Of Colorado Boulder. Natural Resources Law Center

The Future of Federal Wetlands Regulation After Rapanos (May 10)

Hot-Topic Discussion held at Brownstein Hyatt Farber Schreck in Denver, Colorado on May 10, 2007 from 12:00 p.m. to 1:15 p.m.

Speaker: Mark Squillace, Director of the Natural Resources Law Center, University of Colorado School of Law.

Commentators: Wayne Forman and Michelle Kales, attorneys, Brownstein Hyatt Farber Schreck

"Rapanos v. United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appointed Chief Justice, John Roberts and Associate Justice, Samuel Alito. The Supreme Court …

Slides: The Future Of Federal Wetlands Regulation, Mark Squillace

The Future of Federal Wetlands Regulation After Rapanos (May 10)

Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law

35 slides

The Supreme Court: A Unique Institution, John Paul Jones

Law Faculty Publications

Established by the U.S. Constitution in 1789, the Supreme Court is both the final arbiter of significant legal cases and the prevailing authority on the constitutionality of individual laws. While the Constitution specifies the Court's original jurisdiction, it does not spell out how the Court should conduct its business, or even the number of justices who should serve on the Court or what their qualifications should be. Thus, the Founding Fathers provided a High Court for the nation with the adaptability to respond to the needs of its citizens.

Fifteen Famous Supreme Court Cases From Georgia, Dan T. Coenen

Scholarly Works

John Inscoe, UGA professor of history and editor of the New Georgia Encyclopedia, invited Hosch Professor Dan T. Coenen to contribute a series of essays on the most significant U.S. Supreme Court cases that originated in the state of Georgia. This article, which proposes an unranked top 15 list, is built on this work.

Of Platonic Guardians, Trust, And Equality: A Comment On Hasen's Minimalist Approach To The Law Of Elections, Luis Fuentes-Rohwer

Articles by Maurer Faculty

No abstract provided.

An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude

Articles by Maurer Faculty

This article previews the Supreme Court's decision in the Guantánamo prisoners' cases, arguing they should be dismissed for failure of jurisdiction. The worst possible outcome for civil liberties in wartime would be a decision to adjudicate the rights of the prisoners under an anemic view of individual rights and judicial jurisdiction. It is evident that the Court will not apply a robust conception of due process to these cases, in light of the inevitable pressures of national security in wartime. But faint-hearted judicial review, the likely result, will foster the political illusion that business as normal for our constitutional system …

Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis

Articles by Maurer Faculty

This article examines the permanence of the U.S. Supreme Court's retreat to the peripheries of patent law after the creation of the Federal Circuit, and explores the roles that the Supreme Court might imagine for itself in contemporary patent law. For discussion purposes, the article describes two hypothetical models for Supreme Court decisionmaking in patent cases: an aggressive interventionist model and an extreme non-interventionist model. After considering the shortcomings of both models, the article proposes an intermediate, managerial model. The managerial model rejects the proposition that the Court should intervene in patent cases to correct perceived substantive errors in Federal …

Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen

Articles by Maurer Faculty

No abstract provided.

Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.

Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …

The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Conspiracy, Literalism, And Ennui At The Supreme Court: An Examination Of Bankruptcy Cases Decided From 1990- To 1993, Bruce A. Markell

Articles by Maurer Faculty

No abstract provided.

Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Book Review. Behind Bakke: Affirmative Action And The Supreme Court By Bernard Schwartz, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Interest Analysis As Constitutional Law, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel

Articles by Maurer Faculty

This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.' Although the Court worked no major changes,2 it has been "tinkering and tailoring,"3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions.

The Uncertainty Principle In The Supreme Court, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.

Contains footnotes.

Unresolved Issues In Federal Reserved Rights, Michael D. White

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.