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Articles 1 - 15 of 15
Full-Text Articles in Law
Covid-19, Courts, And The “Realities Of Prison Administration” Part Ii: The Realities Of Litigation, Chad Flanders
Covid-19, Courts, And The “Realities Of Prison Administration” Part Ii: The Realities Of Litigation, Chad Flanders
Saint Louis University Journal of Health Law & Policy
Lawsuits challenging prisons and jails for not doing enough to stop the spread of COVID-19 among inmates have faced mixed results in the courts: wins at the district court level are almost always followed by losses (in the form of stays of any orders to improve conditions) at the appeals court level or at the Supreme Court. This short Article tries to explain why this is happening and makes three comparisons between how district courts and appeals courts have analyzed these lawsuits. First, district courts and appeals courts tend to emphasize different facts in their decisions. District courts focus more …
The Encryption Problem: Why The Courts And Technology Are Creating A Mess For Law Enforcement, J. Riley Atwood
The Encryption Problem: Why The Courts And Technology Are Creating A Mess For Law Enforcement, J. Riley Atwood
Saint Louis University Public Law Review
No abstract provided.
Examining Teacher Attitudes Toward Integration: Important Considerations For Legislatures, Courts, And Schools, Mark T. Keaney
Examining Teacher Attitudes Toward Integration: Important Considerations For Legislatures, Courts, And Schools, Mark T. Keaney
Saint Louis University Law Journal
No abstract provided.
Constitutional Entitlements To And In Courts: Remedial Rights In An Age Of Egalitarianism: The Childress Lecture, Judith Resnik
Constitutional Entitlements To And In Courts: Remedial Rights In An Age Of Egalitarianism: The Childress Lecture, Judith Resnik
Saint Louis University Law Journal
No abstract provided.
Reconceptualizing Federal Courts In The War On Terror, Jonathan Hafetz
Reconceptualizing Federal Courts In The War On Terror, Jonathan Hafetz
Saint Louis University Law Journal
No abstract provided.
Choosing Justices: How Presidents Decide, Joel K. Goldstein
Choosing Justices: How Presidents Decide, Joel K. Goldstein
All Faculty Scholarship
Presidents play the critical role in determining who will serve as justices on the Supreme Court and their decisions inevitably influence constitutional doctrine and judicial behavior long after their terms have ended. Notwithstanding the impact of these selections, scholars have focused relatively little attention on how presidents decide who to nominate. This article contributes to the literature in the area by advancing three arguments. First, it adopts an intermediate course between the works which tend to treat the subject historically without identifying recurring patterns and those which try to reduce the process to empirical formulas which inevitably obscure considerations shaping …
Leading The Court: Studies In Influence As Chief Justice, Joel K. Goldstein
Leading The Court: Studies In Influence As Chief Justice, Joel K. Goldstein
All Faculty Scholarship
Chief Justice Roberts has now completed five years of what is likely to be a lengthy tenure in the Court’s center seat. The quality of his institutional leadership, like that of his predecessors, resists confident contemporary assessment to a unique degree among principal offices of American government inasmuch as much of what a Chief Justice does is invisible to all but a relatively few observers, most or all of whom generally remain discreetly silent about such matters. Nonetheless, history counsels that the professional and interpersonal skill which a Chief Justice displays may substantially affect the Supreme Court and the quality …
How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, Stuart Ford
Saint Louis University Law Journal
No abstract provided.
Waiting To Be An American: The Courts’ Proper Role And Function In Alleviating Naturalization Applicants’ Woes In 8 U.S.C. § 1447(B) Actions, Jessica Schneider
Waiting To Be An American: The Courts’ Proper Role And Function In Alleviating Naturalization Applicants’ Woes In 8 U.S.C. § 1447(B) Actions, Jessica Schneider
Saint Louis University Public Law Review
No abstract provided.
Regulatory Adjudication, Marcia L. Mccormick
Regulatory Adjudication, Marcia L. Mccormick
All Faculty Scholarship
Calls for increased regulation are flying fast and furious these days. We use regulation in the United States to prevent harm that various kinds of activities might cause and also to create positive external benefits that those activities could yield, but might not without incentives. Most regulatory programs in the United States provide a blend of measures designed to create these positive external benefits, promote good practices in the industry, prevent harms, and provide those harmed with remedies. At a time in which we contemplate new ways to regulate to deal with the crises of the day and prevent the …
Setting The Size Of The Supreme Court, F. Andrew Hessick, Samuel P. Jordan
Setting The Size Of The Supreme Court, F. Andrew Hessick, Samuel P. Jordan
All Faculty Scholarship
As with any institutional feature, the size of the Supreme Court should be informed by a definition of functional goals. This article describes how the current size of the Supreme Court is largely untethered from any such definition, and it begins the process of understanding how size and Court performance might interact. To do so, it identifies a list of institutional goals for the Supreme Court and explores how changing the size of the Court promotes or obstructs the attainment of those goals. Given that the Court's institutional goals are numerous and occasionally in tension, there is no definitive answer …
Early Panel Announcement, Settlement And Adjudication, Samuel P. Jordan
Early Panel Announcement, Settlement And Adjudication, Samuel P. Jordan
All Faculty Scholarship
Federal appellate courts have significant discretion to set the internal policies that govern the appeals process, and they have used that discretion to institute policies designed to combat increasing caseloads. This Article takes a close look at one such policy: early announcement of panel composition in the D.C. Circuit Court of Appeals. In stark contrast to every other circuit, the D.C. Circuit announces panel composition to litigants in civil appeals well in advance of oral argument, and it does so at least in part to encourage settlement and control the court's workload. This Article concludes that although there are indications …
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, Ronda Cress, J. Neil Grindstaff, S. Elizabeth Malloy
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, Ronda Cress, J. Neil Grindstaff, S. Elizabeth Malloy
Saint Louis University Public Law Review
No abstract provided.
The Equality Paradise: Paradoxes Of The Law's Power To Advance Equality, Marcia L. Mccormick
The Equality Paradise: Paradoxes Of The Law's Power To Advance Equality, Marcia L. Mccormick
All Faculty Scholarship
This paper, written for Texas Wesleyan Law School's Gloucester Conference, ¿Too Pure an Air: Law and the Quest for Freedom, Justice, and Equality,¿ is a brief exploration of a broader project. Every civil rights movement must struggle with how to allocate scarce resources to accomplish the broadest change possible. This paper compares the legal and political strategies of the Black rights movement and the women's rights movement in the United States, comparing both the strategy choices and the results. These two movement followed essentially the same strategies. Where they have attained success and where each has failed demonstrates the limits …
Arbitrators Should Write Opinions For Parties And For Courts, Josef Rohlik
Arbitrators Should Write Opinions For Parties And For Courts, Josef Rohlik
Saint Louis University Law Journal
No abstract provided.