Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- William & Mary Law School (16)
- University of Michigan Law School (11)
- University of Colorado Law School (7)
- American University Washington College of Law (4)
- Boston University School of Law (4)
-
- Columbia Law School (4)
- University of Baltimore Law (3)
- Vanderbilt University Law School (3)
- Washington and Lee University School of Law (3)
- Saint Louis University School of Law (2)
- Cleveland State University (1)
- Emory University School of Law (1)
- New York Law School (1)
- Roger Williams University (1)
- St. John's University School of Law (1)
- Texas A&M University School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Miami Law School (1)
- University of Missouri-Kansas City School of Law (1)
- University of Pennsylvania Carey Law School (1)
- Valparaiso University (1)
- Wayne State University (1)
- Keyword
-
- United States Supreme Court (23)
- Supreme Court (10)
- Jurisdiction (5)
- Constitution (4)
- Damages (4)
-
- Decision making (4)
- First amendment (4)
- Confrontation Clause (3)
- Congress (3)
- Crawford v. Washington (3)
- Due process (3)
- First Amendment (3)
- Judicial process (3)
- Judicial review (3)
- Sixth Amendment (3)
- States (3)
- Admissibility (2)
- Authority (2)
- Bipartisan Campaign Reform Act (BCRA) (2)
- Brown v. Board of Education (2)
- Campaign finance (2)
- Civil Rights (2)
- Civil rights (2)
- Class actions (2)
- Constitutional law (2)
- Court clerk (2)
- Cross-examination (2)
- Equality (2)
- Executive branch (2)
- Federalism (2)
- Publication
-
- Articles (12)
- Supreme Court Preview (10)
- Faculty Scholarship (9)
- Publications (7)
- All Faculty Scholarship (6)
-
- Faculty Publications (6)
- Articles in Law Reviews & Other Academic Journals (4)
- Scholarly Articles (3)
- Vanderbilt Law School Faculty Publications (3)
- Articles & Chapters (1)
- Faculty Articles (1)
- Faculty Works (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Publications (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarship (1)
- Popular Media (1)
- Studio for Law and Culture (1)
Articles 61 - 69 of 69
Full-Text Articles in Law
Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson
Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson
Publications
HIV/AIDS should be classified as a per se disability under the Americans with Disablities Act. Such a ruling is justified by the plain language of the act itself, legislative history, administrative regulations, and court precedent. Absent such a ruling, individuals with HIV must demonstrate that they have (1) an mental or physical impairment, (2) that substantially limits (3) a major life activity. While most courts to address the applicability of the ADA to individuals with HIV/AIDS have found that such individuals are disabled because HIV impairs the major life activity of reproduction, such an interpretation leaves open the possibility that …
Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl
Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
From Judge To Justice: Social Background Theory And The Supreme Court, Tracey E. George
From Judge To Justice: Social Background Theory And The Supreme Court, Tracey E. George
Vanderbilt Law School Faculty Publications
The Roberts Court Justices already have revealed many differences from one another, but they also share a (possibly) significant commonality: Presidents promoted all of them to the U.S. Supreme Court from the U.S. Courts of Appeals. This means, of course, that they initially learned how to be judges while serving on a circuit court. How might the Justices' common route to the Court affect their actions on it? Social background theory hypothesizes that prior experience influences subsequent behavior such as voting, opinion writing, and coalition formation. This Article empirically analyzes promotion to the Supreme Court and examines the implications of …
Student Speech: The Enduring Greatness Of Tinker, Jamin B. Raskin
Student Speech: The Enduring Greatness Of Tinker, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
The Supreme Court's decision in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), did for the ideal of freedom in America's public schools what Brown v. Board of Education, 347 U.S. 483 (1954), did for the ideal of equality. It made a core value of the Bill of Rights spring to life for young people facing unjust policies and authoritarian treatment at the hands of adult officials in local school systems. In his remarkable opinion for the majority, Justice Abe Fortas upheld thirteen-year-old Mary Beth Tinker's First Amendment right to wear a black antiwar armband to …
The More Things Change: A Psychological Case Against Allowing The Federal Sentencing Guidelines To Stay The Same In Light Of Gall, Kimbrough, And New Understandings Of Reasonableness Review, Jelani Jefferson Exum
The More Things Change: A Psychological Case Against Allowing The Federal Sentencing Guidelines To Stay The Same In Light Of Gall, Kimbrough, And New Understandings Of Reasonableness Review, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
In December 2007, through two decisions, the Supreme Court sought to clean up the confusion that it created just shy of three years earlier when it rendered the Federal Sentencing Guidelines advisory in United States v. Booker and called for circuit courts to begin reviewing sentences for "unreasonableness." In one of those December decisions, Gall v. United States, the Court clarified what it meant by reasonableness review and explained that such review had both a procedural and substantive component. In the other decision, Kimbrough v. United States, the Court gave more meaning to the substantive component, …
Supreme Court Reversals: Exploring The Seventh Court, Stephen Wermiel
Supreme Court Reversals: Exploring The Seventh Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Taking Stock Of Student Rights Forty Years After Tinker, Stephen Wermiel
Taking Stock Of Student Rights Forty Years After Tinker, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai
Articles in Law Reviews & Other Academic Journals
In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …
Moral Philosophy, Information Technology, And Copyright, Wendy J. Gordon
Moral Philosophy, Information Technology, And Copyright, Wendy J. Gordon
Faculty Scholarship
A plethora of philosophical issues arise where copyright and patent laws intersect with information technology. Given the necessary brevity of the chapter, my strategy will be to make general observations that can be applied to illuminate one particular issue. I have chosen the issue considered in MGM v. Grokster,2 a recent copyright case from the U.S. Supreme Court Grokster, Ltd., provided a decentralized peer-to-peer technology that many people, typically students, used to copy and distribute music in ways that violated copyright law. The Supreme Court addressed the extent to which Grokster and other technology providers should be held …