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Full-Text Articles in Law
What Is The Territorial Scope Of The Lanham Act?, Marketa Trimble
What Is The Territorial Scope Of The Lanham Act?, Marketa Trimble
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Since Steele v. Bulova Watch Co., 344 U.S. 280 (1952), the Supreme Court has not addressed the territorial scope of the Lanham Act. Abitron Austria GmbH v. Hetronic International, Inc. is an opportunity for the Court to clarify how its RJR Nabisco extraterritoriality framework applies to the Lanham Act, whether and how current circuit court tests fit into the framework, and whether any of the tests should apply in the second step of the framework.
"Our Most Sacred Legal Commitments": A Digital Exploration Of The U.S. Supreme Court Defining Who We Are And How They Should Opine, Eric C. Nystrom, David S. Tanenhaus
"Our Most Sacred Legal Commitments": A Digital Exploration Of The U.S. Supreme Court Defining Who We Are And How They Should Opine, Eric C. Nystrom, David S. Tanenhaus
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This Article focuses on uncovering the multiple meanings of the word "our" in the published opinions of the U.S. Supreme Court from Chisholm to modern times. To do so, we use a digital legal history approach, combining robust court data, text mining techniques, and expert word classification, using a set of custom open-source tools and open data.
Politics And The Supreme Court: The Need For Ideological Balance, David Orentlicher
Politics And The Supreme Court: The Need For Ideological Balance, David Orentlicher
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No abstract provided.
Loud And Soft Anti-Chevron Decisions, Michael Kagan
Loud And Soft Anti-Chevron Decisions, Michael Kagan
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This Article proposes a methodology for interpreting the Supreme Court's long-standing inconsistency in the application of the Chevron doctrine. Developing such an approach is important because this central, canonical doctrine in administrative law is entering a period of uncertainty after long seeming to enjoy consensus support on the Court. In retrospect, it makes sense to view the many cases in which the Court failed to apply Chevron consistently as signals of underlying doctrinal doubt. However, to interpret these soft anti-Chevron decisions requires a careful approach, because sometimes Justices are simply being unpredictable and idiosyncratic. However, where clear patterns can be …
Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher
Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher
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No abstract provided.
Introduction To The U.S. Feminist Judgments Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
Introduction To The U.S. Feminist Judgments Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
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The U.S. Feminist Judgments Project turns attention to the U.S. Supreme Court. Contributors to this volume challenge the formalistic concepts that U.S. Supreme Court opinions are, or should be, written from a neutral vantage point and that they are, or should be, based on deductive logic or “pure” rationality. When the project’s authors brought their own feminist consciousness or philosophy to some of the most important (and supposedly “neutral”) decisions and assertions about gender-related issues, the judicial decisions took on a very different character. Feminist consciousness broadens and widens the lens through which we view law and helps the decision …
Lines In The Sand: Interstate Groundwater Disputes In The Supreme Court, Noah D. Hall, Joseph Regalia
Lines In The Sand: Interstate Groundwater Disputes In The Supreme Court, Noah D. Hall, Joseph Regalia
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As states increasingly rely on groundwater to meet their freshwater demands, interstate conflicts have emerged across the country. This article discusses the two most prominent interstate groundwater disputes, one from the east and one from the west. The eastern case, Mississippi v. Tennessee, is the first interstate groundwater case before the Supreme Court and will set important precedent for future litigation. The western case, a dispute between Utah and Nevada, provides a promising alternative to litigation—an interstate compact that could serve as a model for cooperative management and protection of shared interstate aquifers.
Interstate Groundwater Law Revisited: Mississippi V. Tennessee, Noah D. Hall, Joseph Regalia
Interstate Groundwater Law Revisited: Mississippi V. Tennessee, Noah D. Hall, Joseph Regalia
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In June 2015, the United States Supreme Court granted the State of Mississippi leave to file a bill of complaint against the State of Tennessee, the City of Memphis, and Memphis Light, Gas & Water Division for wrongfully converting groundwater from the interstate Sparta-Memphis Aquifer. The dispute arises from Memphis and its municipal utility pumping groundwater within Tennessee, which Mississippi alleges has lowered the water tables within its territory. The Supreme Court's grant of leave raises for the first time the question of what legal doctrine applies to transboundary interstate groundwater resources. Tennessee and lower courts would subject interstate groundwater …
Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger
Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger
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Kairos is an ancient rhetorical concept that was long neglected by rhetorical scholars, and its significance to legal argument and persuasion has been little discussed. Through their use of two words for time, chronos and kairos, the Greeks were able to view history as a grid of connected events spread across a landscape punctuated by hills and valleys. In chronos, the timekeeper-observer constructs a linear, measurable, quantitative accounting of what happened. In kairos, the participant-teller forms a more qualitative history by shaping individual moments into crises and turning points. From a rhetorical perspective, chronos is more closely allied with the …
The Supreme Court And Terminal Sedation: Rejecting Assisted Suicide, Embracing Euthanasia, David Orentlicher
The Supreme Court And Terminal Sedation: Rejecting Assisted Suicide, Embracing Euthanasia, David Orentlicher
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No abstract provided.