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Full-Text Articles in Law
Right-To-Die, Bruce Morton
Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David Sklansky
Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David Sklansky
David A Sklansky
No abstract provided.
Do The Haves Come Out Ahead - Winning And Losing In State Supreme Courts, 1870-1970, Stanton Wheeler, Bliss Cartwright, Robert Kagan, Lawrence Friedman
Do The Haves Come Out Ahead - Winning And Losing In State Supreme Courts, 1870-1970, Stanton Wheeler, Bliss Cartwright, Robert Kagan, Lawrence Friedman
Robert Kagan
No abstract provided.
Institutional Rules, Strategic Behavior And The Legacy Of Chief Justice William Rehnquist: Setting The Record Straight On Dickerson V. United States, Daniel Katz
Daniel M Katz
Why did Justice Rehnquist behave the way he did in Dickerson v. United States? As written, many prevailing accounts accept Justice Rehnquist's opinion in Dickerson v. United States at face value and disavow the potential of a strategic explanation. The difficulty with the non-strategic accounts is their failure to outline explicitly the evidence supporting the uniqueness of their theory. Specifically, these explanations largely ignore the alternative set of preferences which could have produced the Chief's decision. This is troubling because prior scholarship demonstrates that a chief justice possesses a unique set of institutional powers which provides significant incentive for him …
The Supreme Court 2007-2008: Competency, Gun Control, And Capital Punishment, Steven Smith
The Supreme Court 2007-2008: Competency, Gun Control, And Capital Punishment, Steven Smith
STEVEN R SMITH
No abstract provided.
The Supreme Court 2013-2014: The Happiest Term?, Steven Smith
The Supreme Court 2013-2014: The Happiest Term?, Steven Smith
STEVEN R SMITH
No abstract provided.
From Expert Witnesses To ‘Fleeting Expletives’: The Supreme Court 2008-2009, Steven Smith
From Expert Witnesses To ‘Fleeting Expletives’: The Supreme Court 2008-2009, Steven Smith
STEVEN R SMITH
The October 2008 Term of the United States Supreme Court began on October 6,2008. By the time the Term adjourned on June 29, 2009, the Court had changed or clarified the law in several important areas. (As we shall see, technically there was another argument in September 2009 as part of this Term.) The Court also seemed to foreshadow larger changes ahead, and saw Justice David Souter announce at the end of April that he would be stepping down from the Court. This article will review the major decisions of the Court during the Term. It will also analyze the …
Legal Perspectives: The New Supreme Court, Steven Smith
Legal Perspectives: The New Supreme Court, Steven Smith
STEVEN R SMITH
No abstract provided.
A Term To Remember: The Supreme Court And The Future Of Healthcare Reform, Steven Smith
A Term To Remember: The Supreme Court And The Future Of Healthcare Reform, Steven Smith
STEVEN R SMITH
No abstract provided.
Life, Death, Or Miranda: The Supreme Court Term 2009-2010, Steven Smith
Life, Death, Or Miranda: The Supreme Court Term 2009-2010, Steven Smith
STEVEN R SMITH
No abstract provided.
Speech And Strife, Robert Tsai
Speech And Strife, Robert Tsai
Robert L. Tsai
The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …
First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael Dorf
First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael Dorf
Michael C. Dorf
No abstract provided.