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Articles 1 - 4 of 4
Full-Text Articles in Law
Inimicus Libertatis: Chief Justice Rehnquist’S Majority Or Plurality Opinions In The Field Of Criminal Procedure, Donald E. Wilkes Jr.
Inimicus Libertatis: Chief Justice Rehnquist’S Majority Or Plurality Opinions In The Field Of Criminal Procedure, Donald E. Wilkes Jr.
Scholarly Works
Since the early 1970’s an increasingly conservative Supreme Court of the United States has been leading this country through a “Criminal Procedure Counterrevolution” (also called “The Rehnquisition”), during which the federal rights and remedies of criminal defendants have been inexorably and significantly eroded. There are numerous books and law review articles discussing this counterrevolution. Chief Justice Rehnquist, the most articulate and ideological of the Courts conservative justices, may properly be regarded as the intellectual founder and leader of this trend in favor of restricting criminal procedure rights.
This article analyzes and provides a bibliography of Supreme Court criminal procedure opinions …
Why Not Limit Neil Gorsuch — And All Supreme Court Justices — To 18-Year Terms?, Lori A. Ringhand, Paul M. Collins Jr.
Why Not Limit Neil Gorsuch — And All Supreme Court Justices — To 18-Year Terms?, Lori A. Ringhand, Paul M. Collins Jr.
Popular Media
Legal scholars and political scientists increasingly question whether life tenure remains a good idea for Supreme Court justices. While scholars disagree about the exact numbers, our Supreme Court justices are serving longer and longer terms; presidents have incentives to choose younger and younger nominees; and the justices themselves appear to delay retirement in the hope of having an ideologically compatible president select their replacements. Moreover, the confirmation process has become increasingly contentious, culminating last year in Senate Republicans refusing to even grant a hearing to President Barack Obama’s nominee, Merrick Garland.
As a result, many scholars propose a shift to …
The Supreme Court’S Limited Public Forum, Sonja R. West
The Supreme Court’S Limited Public Forum, Sonja R. West
Scholarly Works
When discussing the issue of transparency at the United States Supreme Court, most commentators focus on the line between public and private. Yet, transparency is not always such a black-or-white issue. There are, in fact, a surprising number of significant Court moments that occur neither wholly in public nor completely in private. Through policies that obstruct access by the general public and exploit real-world limitations on the press and practitioners, the justices have crafted a grey area in which they can be “public,” yet only to select audiences. The effect is that few outside the courtroom ever learn about these …
Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade
Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade
Scholarly Works
Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court’s jurisprudence across a range of substantive and procedural challenges over the last fifteen years increases or preserves structural opportunities for equitable balancing at multiple levels in the deportation process. Notably, the Court has endorsed decision makers’ consideration of the normative justifiability of deportation even where noncitizens have a criminal history or lack a formal path to lawful status. …