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Full-Text Articles in Law
Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen
Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen
Chicago-Kent Law Review
This is a revised version of a Keynote Address delivered at “The Supreme Court and American Politics,” a symposium held October 17, 2017 at the Chicago-Kent College of Law. In this Address, Professor Hasen considers through the lens of Justice Scalia’s opinions the role that views of the political process play, at least rhetorically, in how Supreme Court Justices decide cases. It focuses on Justice Scalia’s contradictory views on self-dealing and incumbency protection across a range of cases, comparing campaign finance on the one hand to partisan gerrymandering, voter identification laws, political patronage, and ballot access rules on the other. …
Justice Kennedy's Sixth Amendment Pragmatism, Stephanos Bibas
Justice Kennedy's Sixth Amendment Pragmatism, Stephanos Bibas
All Faculty Scholarship
This essay, written as part of a symposium on the evolution of Justice Kennedy’s jurisprudence, surveys three areas of criminal procedure under the Sixth Amendment: sentence enhancements, the admissibility of hearsay, and the regulation of defense counsel’s responsibilities. In each area, Justice Kennedy has been a notable voice of pragmatism, focusing not on bygone analogies to the eighteenth century but on a hard-headed appreciation of the twenty-first. He has shown sensitivity to modern criminal practice, prevailing professional norms, and practical constraints, as befits a Justice who came to the bench with many years of private-practice experience. His touchstone is not …
Western Justice, Richard B. Collins
Justice Byron White And The Importance Of Process, Carl W. Tobias
Justice Byron White And The Importance Of Process, Carl W. Tobias
Law Faculty Publications
Justice Byron White exhibited acute sensitivity to process during his exceptional career on the Supreme Court. This essay affords several illustrations of that characteristic. One was his perceptive account of the Court's responsibility for amending the rules which mainly govern federal district court practice. The second was careful stewardship of a federal appellate court study authorized by Congress after the jurist had resigned. Another was his persistent dissents from denials of petitions for Supreme Court review. These examples relate to the three levels in the federal judicial hierarchy, and demonstrate Justice White's abiding concern for each constituent and the whole …
A Tribute To Justice Byron R. White, Lewis F. Powell Jr., Rhesa H. Barksdale, David M. Ebel, Lance Liebman, Charles Fried
A Tribute To Justice Byron R. White, Lewis F. Powell Jr., Rhesa H. Barksdale, David M. Ebel, Lance Liebman, Charles Fried
Faculty Scholarship
Of 107 Justices in 205 years, only twelve have served longer than thirty years, and every long-serving Justice has made a substantial contribution to the institution - offering a steady and dedicated response to the judicial challenges of an era, asserting leadership at a time of national crisis, or articulating a large constitutional vision. The personal qualities and life experiences that a new Justice brings to the Court contain the seeds of the individual's judicial service. Justice White, a skeptical but unflinching democrat, was no exception.