Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 61 - 79 of 79
Full-Text Articles in Law
Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel
Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
On Teaching Conflicts And Why I Dislike Allstate Insurance Co. V. Hague, Thomas O. Main
On Teaching Conflicts And Why I Dislike Allstate Insurance Co. V. Hague, Thomas O. Main
Nevada Law Journal
No abstract provided.
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Nevada Law Journal
No abstract provided.
Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Krugman Ray
Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Krugman Ray
Nevada Law Journal
No abstract provided.
The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman
The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman
University of Richmond Law Review
No abstract provided.
The Criminal Rules Enabling Act, Max Mizner
The Criminal Rules Enabling Act, Max Mizner
University of Richmond Law Review
No abstract provided.
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
University of Richmond Law Review
No abstract provided.
Overview Of The Term: The Rule Of Law & Roberts's Revolution Of Restraint, Douglas W. Kmiec
Overview Of The Term: The Rule Of Law & Roberts's Revolution Of Restraint, Douglas W. Kmiec
Pepperdine Law Review
In this introduction to a symposium on Chief Justice Roberts’ first term, Professor Kmiec begins with a discussion of how the addition of Chief Justice Roberts and Justice Alito to the Supreme Court resulted in a continuation of the center-right tradition of the Rehnquist-O’Connor era, and he addresses the impact of Justice O’Connor’s retirement on Justice Kennedy’s jurisprudence. Professor Kmiec also evaluates Rehnquist’s final term, determining that, during this term, Rehnquist lost some of the hard earned constitutional advantages in the areas of religious accommodation, federalism, and the protection of property rights. Professor Kmiec ends his article with a discussion …
The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr
The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.
Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald
Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald
Pepperdine Law Review
This essay examines the validity, in light of new empirical research, of the free speech theory the U.S. Supreme Court uses to justify the doctrines it currently employs to assess the constitutionality of campaign finance regulations. The Court’s model, which Professor McDonald terms the theory of 'stimulated democratic deliberation,' assumes that an unlimited quantity of campaign-related communications will result in increased public deliberation about ideas and better informed citizens, which in turn will result in better decisions about candidates for political office. In short, this model assumes that rational thought and deliberation about important issues of the day drive voter …
United States Supreme Court And Class Arbitration: A Tragedy Of Errors, The Symposium, Gary Born, Claudio Salas
United States Supreme Court And Class Arbitration: A Tragedy Of Errors, The Symposium, Gary Born, Claudio Salas
Journal of Dispute Resolution
This Essay describes and critiques the U.S. Supreme Court's recent misadventures with class arbitration. First, the Essay reviews the origins and rise of class arbitration under the FAA, particularly following the Supreme Court's Bazzle decision. In Part II, the Essay discusses application of the unconscionability doctrine to class action waivers, under the California courts' Discover Bank doctrine. In Part III, the Essay recounts the Supreme Court's retrenchment from class arbitration in Stolt-Nielsen and, more fully, in Concepcion. It also critiques the Court's apparent analysis in Concepcion and offers an alternative analysis for the Concepcion result that is more consistent with …
Gaylord V. United States, Jeffrey Lawhorn
Partiality And Disclosure In Supreme Court Opinions, Robert F. Nagel
Partiality And Disclosure In Supreme Court Opinions, Robert F. Nagel
Northwestern Journal of Law & Social Policy
This Essay begins by identifying the various kinds of partiality the Justices of the Supreme Court can have in the cases they decide. Although there is widespread recognition of the influence these biases might have, for the most part the Justices continue to write opinions as if they (and other judges) were entirely disinterested. This practice is often thought to be justified as a source of judicial legitimacy, but there are a number of reasons to doubt that a pretense of impersonality is actually important for maintaining respect for the Court. Consequently, the possibility has to be considered that the …
Territory, Wilderness, Property, And Reservation: Land And Religion In Native American Supreme Court Cases, Kathleen Sands
Territory, Wilderness, Property, And Reservation: Land And Religion In Native American Supreme Court Cases, Kathleen Sands
American Indian Law Review
In two trilogies of Supreme Court Decisions, both involving Native Americans, land is a key metaphor, figuring variously as property, territory, wilderness, and reservation. The first trilogy, written by Chief Justice John Marshall, comprises Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). The second trilogy concerns Native American claims for religious freedom under the First Amendment and includes Bowen v. Roy (1986), Lyng v. Northwest Cemetery Protective Association (1988), and Employment Division of Oregon v. Smith (1990). The Marshal cases attempted to legitimate the transformation of land from wilderness to territory and property, and …
Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, Bradford C. Mank
Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, Bradford C. Mank
University of Richmond Law Review
The U.S. Supreme Court by an equally divided vote offour to four affirmed the Second Circuit's decision finding standing and jurisdiction in the case in American Electric Power Co. v. Connecticut. While not binding as precedent beyond the Second Circuit,the case offers clues to how the Court is likely to rule in future standing cases. This article discusses the likely identities of the four Justices on each side of the standing issue in the case, as well as how Justice Sotomayor might have voted if she had not recused herself. Furthermore, the article examines how the decision expand- ed on …
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Touro Law Review
The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"
Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz
Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz
Touro Law Review
"The purpose of this presentation is to examine two recent Supreme Court decisions, Connick v. Thompson and Ashcroft v. Iqbal with an eye to their impact on how lower federal courts will assess such claims in the wake of new constraints imposed by these cases. The focus of the discussion will be on developments in single-incident liability cases after Connick and supervisory liability claims after Iqbal."
A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein
A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein
Touro Law Review
No abstract provided.
New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein
Touro Law Review
No abstract provided.