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Articles 1 - 16 of 16
Full-Text Articles in Law
The Supreme Court's Labor And Employment Decisions: 2002-2003 Term, Maria O'Brien
The Supreme Court's Labor And Employment Decisions: 2002-2003 Term, Maria O'Brien
Faculty Scholarship
This article summarizes U.S. Supreme Court cases from the October 2002 term that related directly or indirectly to labor or employment law or have implications for labor and employment practitioners. Of particular interest are the University of Michigan affirmative action cases' and the Texas criminal sodomy case. 2 Although not nominally "labor and employment" cases, these cases will profoundly affect labor and employment issues. Lawrence v. Texas has already altered the lenses through which society views homosexuality and altered public discourse related to homosexuality and same-sex relationships. 3 The reasoning of the Court shows how far issues of sexuality have …
Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien
Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien
Indiana Law Journal
No abstract provided.
The Stateless Corporation Finds A Home: Alienage Jurisdiction And Dependent Overseas Territories - J.P. Morgan Chase Bank V. Traffic Stream (Bvi) Infrastructure Limited, Michael Cornell Dypski
The Stateless Corporation Finds A Home: Alienage Jurisdiction And Dependent Overseas Territories - J.P. Morgan Chase Bank V. Traffic Stream (Bvi) Infrastructure Limited, Michael Cornell Dypski
San Diego International Law Journal
The purpose of this Article is to discuss the evolution of the alienage jurisdiction statute and the status of overseas dependent territories in light of the recent Supreme Court decision. Part I of this Article will provide a brief historical background of 28 U.S.C. § 1332 and its purpose. Part II will discuss the concepts of the state and statelessness, as well as the role of dependent territories in international affairs. Part III will discuss and analyze the various federal decisions seemingly at loggerheads with each other on the issue of federal jurisdiction over dependent territories. Finally, Part IV will …
Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton
Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Environmental Law, Congress, And The Court's New Federalism Doctrine, Christopher H. Schroeder
Environmental Law, Congress, And The Court's New Federalism Doctrine, Christopher H. Schroeder
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine, And How A Too-Clever Congress Could Provoke It To Do So, Lynn A. Baker, Mitchell N. Berman
Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine, And How A Too-Clever Congress Could Provoke It To Do So, Lynn A. Baker, Mitchell N. Berman
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Jon O. Newman And The Abortion Decisions: A Remarkable First Year, Andrew D. Hurwitz
Jon O. Newman And The Abortion Decisions: A Remarkable First Year, Andrew D. Hurwitz
NYLS Law Review
No abstract provided.
Sovereignty And Democracy: The States' Obligations To Their Citizens Under Federal Statutory Law, Lauren K. Robel
Sovereignty And Democracy: The States' Obligations To Their Citizens Under Federal Statutory Law, Lauren K. Robel
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Thayerian Deference To Congress And Supreme Court Supermajority Rule: Lessons From The Past, Evan H. Caminker
Thayerian Deference To Congress And Supreme Court Supermajority Rule: Lessons From The Past, Evan H. Caminker
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Electing The Supreme Court, Barry Friedman, Anna Harvey
Electing The Supreme Court, Barry Friedman, Anna Harvey
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
NYLS Law Review
No abstract provided.
Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez
Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez
NYLS Law Review
No abstract provided.
The Federal Court System: A Principal-Agent Perspective, Tracey E. George, Albert H. Yoon
The Federal Court System: A Principal-Agent Perspective, Tracey E. George, Albert H. Yoon
Vanderbilt Law School Faculty Publications
Professor Merrill ably demonstrates that Supreme Court decisions should be examined as the product of an inherently political institution. Observers who assert that Justices are best understood as prophets of the law are practicing an intellectual sleight of hand that allows them to ignore the non doctrinal factors that affect judicial behavior. Such an effort is understandable. The Court is a much more complicated subject if its rulings reflect nonlegal factors as well as legal ones. The desire, however, to ignore the true character of the Court produces accounts of its behavior that are inadequate, incorrect, or wholly without content. …
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Scholarly Works
No abstract provided.
Congruence And Proportionality For Congressional Enforcement Powers: Cosmetic Change Or Velvet Revolution?, Elisabeth Zoller
Congruence And Proportionality For Congressional Enforcement Powers: Cosmetic Change Or Velvet Revolution?, Elisabeth Zoller
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Judicial Independence, Judicial Accountability, And The Role Of Constitutional Norms In Congressional Regulation Of The Courts, Charles G. Geyh
Judicial Independence, Judicial Accountability, And The Role Of Constitutional Norms In Congressional Regulation Of The Courts, Charles G. Geyh
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.