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Full-Text Articles in Law

A Less Corrupt Term: 2016–2017 Supreme Court Roundup, Marc O. Degirolami, Kevin C. Walsh Oct 2017

A Less Corrupt Term: 2016–2017 Supreme Court Roundup, Marc O. Degirolami, Kevin C. Walsh

Faculty Publications

(Excerpt)

In these unusually turbulent times for the presidency and Congress, the Supreme Court’s latest term stands out for its lack of drama. There were no 5–4 end-of-the-term cases that mesmerized the nation. There were no blockbuster decisions.

Even so, the Court was hardly immune to the steady transformation of our governing institutions into reality TV shows. Over the weekend leading into the final day of the term, speculation ignited from who-knows-where about the possible departure of its main character, Justice Anthony Kennedy. To us, the chatter seemed forced—as if the viewing public needed something to fill the vacuum left …


Justice Scalia And Abortion Speech, Timothy Zick Apr 2017

Justice Scalia And Abortion Speech, Timothy Zick

Faculty Publications

No abstract provided.


Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum Jan 2017

Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum

Faculty Publications

No abstract provided.


More Than Words, Rachel H. Smith Jan 2017

More Than Words, Rachel H. Smith

Faculty Publications

(Excerpt)

What a delight it is to spend time with Justice Ginsburg’s singular voice. She is the best kind of teacher and writer: humane, principled, funny, gracious, openhearted, and direct. I felt deeply glad to have this chance to know her a little better—to study the rhythm of her words, the quirks of her personality, the motifs of her life story. As I read My Own Words, I couldn’t help but think over and over, Thank goodness for this remarkable person.


A New Balance Of Evils: Prosecutorial Misconduct, Iqbal, And The End Of Absolute Immunity, Mark C. Niles Jan 2017

A New Balance Of Evils: Prosecutorial Misconduct, Iqbal, And The End Of Absolute Immunity, Mark C. Niles

Faculty Publications

Criminal prosecutors wield immense power in the criminal justice system. While the majority of prosecutors exercise this power in a professional manner, there is compelling evidence of a serious and growing problem of prosecutorial misconduct in this country. Although much prosecutorial misconduct results in the violation of the constitutional and other legal rights of criminal defendants, prosecutors are protected from any liability arising from these violations in all but the most exceptional cases by the defense of absolute immunity. The US. Supreme Court has justified the application of absolute prosecutorial immunity, in part, by noting that other means of incentivizing …