Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- First Amendment (2)
- Judges (2)
- A matter of interpretation (1)
- Anti-SLAPP statutes (1)
- Bias (1)
-
- Blackstone (1)
- California anti-SLAPP (1)
- Catholic (1)
- Church (1)
- Church and state (1)
- Commercial Division (1)
- Commercial Litigation (1)
- Constitutional law (1)
- Demographics (1)
- ESI (1)
- Electronic discovery (1)
- Empirical study (1)
- Equal protection (1)
- Erie doctrine (1)
- Establishment Clause (1)
- Federal (1)
- Federal courts (1)
- Federal preemption (1)
- Georgia (1)
- Ginsburg (1)
- Glucksberg (1)
- Haig (1)
- Haig Treatise (1)
- Heller (1)
- Impartiality (1)
- Publication
Articles 1 - 20 of 20
Full-Text Articles in Law
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court, Gregory C. Sisk, Michael Heise
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court, Gregory C. Sisk, Michael Heise
St. John's Law Review
In this third iteration of our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied all digested Establishment Clause decisions by federal circuit and district court judges from 2006 through 2015. The first clause of the First Amendment to the United States Constitution directs that “Congress shall make no law respecting an establishment of religion.” That provision has generated decades of controversy regarding the appropriate role of religion in public life.
Holding key variables constant, we found that Catholic judges approved Establishment Clause claims at a 29.6% rate, compared with a 41.5% rate before non-Catholic …
The Last Lecture: State Anti-Slapp Statutes And The Federal Courts, Charles W. Adams, Mbilike M. Mwafulirwa
The Last Lecture: State Anti-Slapp Statutes And The Federal Courts, Charles W. Adams, Mbilike M. Mwafulirwa
St. John's Law Review
(Excerpt)
An old proverb says that “when the student is ready[,] the teacher appears.” In this collaborative effort, a civil procedure law professor has partnered with his former student to address one of the most challenging topics to confront the federal courts in recent times: whether state anti-SLAPP statutes conflict with the Federal Rules of Civil Procedure. The acronym “SLAPP” stands for “Strategic Lawsuits Against Public Participation.” Anti-SLAPP statutes are a spate of state legislation of recent vintage, designed “to give more breathing space for free speech about contentious public issues” and to “try to decrease the ‘chilling effect’ of …
Book Review: Commercial Litigation In New York State Courts (5th Ed.) Edited By Robert L. Haig, Kathryn C. Cole
Book Review: Commercial Litigation In New York State Courts (5th Ed.) Edited By Robert L. Haig, Kathryn C. Cole
St. John's Law Review
(Excerpt)
Every New York commercial litigator needs as an arrow in her quiver Commercial Litigation in New York State Courts (“Treatise”). Now in its Fifth Edition, this renowned Treatise not only analyzes in-depth the procedural law and the substantive commercial law of New York, but it is replete with invaluable “nuggets of wisdom” and critical guidance for the “attainment of objectives” during a litigation for both plaintiffs and defendants. What began as a three volume resource first published in 1995, the Treatise now boasts ten volumes, 156 chapters (28 of which have been added since the Fourth Edition), and has …
Wiping Away The Tiers Of Judicial Scrutiny, R. George Wright
Wiping Away The Tiers Of Judicial Scrutiny, R. George Wright
St. John's Law Review
(Excerpt)
Throughout much of constitutional law and beyond, courts often decide cases by applying some form of tiered or multilevel judicial scrutiny. Tiered scrutiny exhibits remarkable variability and complexity. At its simplest, tiered scrutiny involves a judicial inquiry into the legitimacy and the degree of importance of some public goal purportedly furthered by the government policy at issue. The courts then typically undertake a second step, inquiring into the degree of “tailoring” of the government policy— namely the policy’s overinclusiveness or underinclusiveness relative to its supposed purpose. This simplified account of tiered scrutiny conceals, however, a number of important problems. …
State Constitutional Provisions Allowing Juries To Interpret The Law Are Not As Crazy As They Sound, Marcus Alexander Gadson
State Constitutional Provisions Allowing Juries To Interpret The Law Are Not As Crazy As They Sound, Marcus Alexander Gadson
St. John's Law Review
(Excerpt)
This Article questions that consensus. Joining a larger debate about the jury’s proper role, it argues that, even today, these provisions are a defensible component of a criminal justice system. First, this Article argues that the jury is the entity in the justice system most incentivized to approach legal questions with an eye to what the best interpretation is and not the most politically palatable result. Second, this Article argues that the jury’s ability to deliberate and consider opinions from individuals hailing from a wider variety of backgrounds than those who typically become judges may provide advantages over a …
"We Are All Textualists Now": The Legacy Of Justice Antonin Scalia, Judge Diarmuid F. O'Scannlain
"We Are All Textualists Now": The Legacy Of Justice Antonin Scalia, Judge Diarmuid F. O'Scannlain
St. John's Law Review
(Excerpt)
One of my favorite extra-judicial activities is meeting with law students, and it is a pleasure to be with you today. But it is a special privilege to come back to the Jamaica campus of St. John’s College from which I graduated 60 years ago, long before the Law School had moved here from Schermerhorn Street in Brooklyn, and when there was only one building on this former golf course.
I was honored to call Justice Scalia a role model and friend. What I hope to convey to you today, however, is the effect Justice Scalia’s tenure on the …
Judges And Judicial Process In The Jurisprudence Of St. Thomas Aquinas, Charles P. Nemeth, J.D., Ph.D., Ll.M.
Judges And Judicial Process In The Jurisprudence Of St. Thomas Aquinas, Charles P. Nemeth, J.D., Ph.D., Ll.M.
The Catholic Lawyer
No abstract provided.
A Christian Jurisprudence, John Kuhn Bleimaier
A Christian Jurisprudence, John Kuhn Bleimaier
The Catholic Lawyer
No abstract provided.
A Jurisprudence Of Faith: An Experiment In Using Theology To Interpret Jurisprudence, Timothy L. Fort
A Jurisprudence Of Faith: An Experiment In Using Theology To Interpret Jurisprudence, Timothy L. Fort
The Catholic Lawyer
No abstract provided.
A New Jurisprudential Aspect Of Antisocial Personality Disorder In Relation To Marriage, Reverend Augustine Mendonca
A New Jurisprudential Aspect Of Antisocial Personality Disorder In Relation To Marriage, Reverend Augustine Mendonca
The Catholic Lawyer
No abstract provided.
Toward A Theory Of Judicial Decisionmaking: A Synthesis Of Ideologist Jurisprudence And Doctrinalism, Raymond A. Belliotti
Toward A Theory Of Judicial Decisionmaking: A Synthesis Of Ideologist Jurisprudence And Doctrinalism, Raymond A. Belliotti
The Catholic Lawyer
No abstract provided.
The Process Of Responsible Decision: Observations On The Jurisprudence Of Professor Jones, Edward N. Peters
The Process Of Responsible Decision: Observations On The Jurisprudence Of Professor Jones, Edward N. Peters
The Catholic Lawyer
No abstract provided.
The Politics Of Jurisprudence: Liberty And Equality In Rawls And Dworkin, Stephen C. Hicks
The Politics Of Jurisprudence: Liberty And Equality In Rawls And Dworkin, Stephen C. Hicks
The Catholic Lawyer
No abstract provided.
A Jurisprudence Of Planning: Notes On The Outline Of Law Required To Support And Control Planners, Richard O. Brooks
A Jurisprudence Of Planning: Notes On The Outline Of Law Required To Support And Control Planners, Richard O. Brooks
The Catholic Lawyer
No abstract provided.
The Jurisprudence Of Conscription: Social Contract, Moral Obligation, And Proposals, James M. Thunder
The Jurisprudence Of Conscription: Social Contract, Moral Obligation, And Proposals, James M. Thunder
The Catholic Lawyer
No abstract provided.
On Eccentric Constitutional Jurisprudence, William D. Valente
On Eccentric Constitutional Jurisprudence, William D. Valente
The Catholic Lawyer
No abstract provided.
A Call For A Genuinely American Jurisprudence, John Underwood Lewis
A Call For A Genuinely American Jurisprudence, John Underwood Lewis
The Catholic Lawyer
No abstract provided.
Jurisprudence: Readings And Cases, Dr. Miriam Theresa Rooney
Jurisprudence: Readings And Cases, Dr. Miriam Theresa Rooney
The Catholic Lawyer
No abstract provided.
Jurisprudence - A Teaching Problem, Miriam T. Rooney
Jurisprudence - A Teaching Problem, Miriam T. Rooney
The Catholic Lawyer
No abstract provided.
Government Under Law, Right Reverend Monsignor Robert J. White
Government Under Law, Right Reverend Monsignor Robert J. White
The Catholic Lawyer
No abstract provided.