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Articles 31 - 60 of 65
Full-Text Articles in Law
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Eric H Schepard
Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. This article examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. As an Associate …
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Eric H Schepard
Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. This article examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. As an Associate …
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Eric H Schepard
Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. This article examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. As an Associate …
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Eric H Schepard
Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. This article examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. As an Associate …
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Eric H Schepard
This article argues that Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. It examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
Breakthrough Science And The New Rehabilitation, Meghan J. Ryan
Breakthrough Science And The New Rehabilitation, Meghan J. Ryan
Meghan J. Ryan
Breakthroughs in pharmacology, genetics, and neuroscience are transforming how society views criminals and thus how society should respond to criminal behavior. Although the criminal law has long been based on notions of culpability, science is undercutting the assumption that offenders are actually responsible for their criminal actions. Further, scientific advances have suggested that criminals can be changed at the biochemical level. The public has become well aware of these advances largely due to pervasive media reporting on these issues and also as a result of the pharmaceutical industry’s incessant advertising of products designed to transform individuals by treating everything from …
The Exceptions Clause As A Structural Safeguard, Tara Grove
The Exceptions Clause As A Structural Safeguard, Tara Grove
Tara L. Grove
Scholars have long viewed the Exceptions Clause of Article III as a serious threat to the Supreme Court’s central constitutional function: establishing definitive and uniform rules of federal law. In this Article, I argue that the Clause has been fundamentally misunderstood. The Exceptions Clause, as employed by Congress, serves primarily to facilitate, not to undermine, the Supreme Court’s constitutional role. Drawing on recent social science research, I assert that Congress has a strong incentive to use its control over federal jurisdiction to promote the Court’s role in settling disputed federal questions. Notably, this argument has considerable historical support. When the …
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Eric H Schepard
This article argues that Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. It examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. …
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Eric H Schepard
This article argues that Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. It examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. …
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Eric H Schepard
This article argues that Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. It examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. …
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Eric H Schepard
This article argues that Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. It examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. …
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Eric H Schepard
This article argues that Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. It examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. …
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Eric H Schepard
This article argues that Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. It examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. …
The Skeptic's Guide To Information Sharing At Sentencing, Ryan W. Scott
The Skeptic's Guide To Information Sharing At Sentencing, Ryan W. Scott
Ryan W. Scott
The “information sharing” model, a leading method of structuring judicial discretion at the sentencing stage of criminal cases, has attracted broad support from scholars and judges. Under this approach, sentencing judges should have access to a robust body of information, including written opinions and statistics, about previous sentences in similar cases. Armed with that information, judges can conform their sentences to those of their colleagues or identify principled reasons for distinguishing them, reducing inter-judge disparity and promoting rationality in sentencing law. This Article takes a skeptical view, arguing that information sharing suffers from three fundamental weaknesses as an alternative to …
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard
Eric H Schepard
This article argues that Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. It examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Exceptions Clause As A Structural Safeguard, Tara Grove
The Exceptions Clause As A Structural Safeguard, Tara Grove
Tara L. Grove
Scholars have long viewed the Exceptions Clause of Article III as a serious threat to the Supreme Court’s central constitutional function: establishing definitive and uniform rules of federal law. In this Article, I argue that the Clause has been fundamentally misunderstood. The Exceptions Clause, as employed by Congress, serves primarily to facilitate, not to undermine, the Supreme Court’s constitutional role. Drawing on recent social science research, I assert that Congress has a strong incentive to use its control over federal jurisdiction to promote the Court’s role in settling disputed federal questions. Notably, this argument has considerable historical support. When the …
The Failure And Promise Of Equity In Domestic Abuse Cases, Jeffrey Baker
The Failure And Promise Of Equity In Domestic Abuse Cases, Jeffrey Baker
Jeffrey R Baker
In a generation, American law has experienced dramatic reforms in response to domestic abuse, including innovative criminal law enforcement schemes, liberalized divorce standards and civil protection orders. Feminist activism prompted and drove these reforms and related cultural understanding of domestic abuse, and they have yielded more effective legal options for victims of domestic violence. Virtually all of these reforms built upon existing structures to afford specific process and remedies to victims of domestic abuse, but why were innovations necessary if existing legal structures could have intervened on their own extant authority? Customary, common law equity might have intervened effectively to …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Exceptions Clause As A Structural Safeguard, Tara Grove
The Exceptions Clause As A Structural Safeguard, Tara Grove
Tara L. Grove
Scholars have long viewed the Exceptions Clause of Article III as a serious threat to the Supreme Court’s central constitutional function: establishing definitive and uniform rules of federal law. In this Article, I argue that the Clause has been fundamentally misunderstood. The Exceptions Clause, as employed by Congress, serves primarily to facilitate, not to undermine, the Supreme Court’s constitutional role. Drawing on recent social science research, I assert that Congress has a strong incentive to use its control over federal jurisdiction to promote the Court’s role in settling disputed federal questions. Notably, this argument has considerable historical support. When the …
The Exceptions Clause As A Structural Safeguard, Tara Grove
The Exceptions Clause As A Structural Safeguard, Tara Grove
Tara L. Grove
Scholars have long viewed the Exceptions Clause of Article III as a serious threat to the Supreme Court’s central constitutional function: establishing definitive and uniform rules of federal law. In this Article, I argue that the Clause has been fundamentally misunderstood. The Exceptions Clause, as employed by Congress, serves primarily to facilitate, not to undermine, the Supreme Court’s constitutional role. Drawing on recent social science research, I assert that Congress has a strong incentive to use its control over federal jurisdiction to promote the Court’s role in settling disputed federal questions. Notably, this argument has considerable historical support. When the …
Judicial Response Or Litigant Strategy: Examining The Success Of The U.S. Solicitor General, Jeff L. Yates, Damon Cann, Brent Boyea
Judicial Response Or Litigant Strategy: Examining The Success Of The U.S. Solicitor General, Jeff L. Yates, Damon Cann, Brent Boyea
Jeff L Yates
In political science the well-known “Attitudinal Model” of legal decision making dictates that judges’ sincere policy preferences drive legal outcomes. In contrast, the celebrated “Selection Hypothesis” from the law and economics literature suggests that litigants carefully consider factors affecting potential case success (including judicial ideology) and accordingly choose to settle cases in which legal outcomes can be readily predicted in the name of efficiency. Thus, judges end up adjudicating a non-random set of cases which, in the typical situation, should not lend themselves to ideological decision making. From this perspective, the influence of Supreme Court justices’ ideological preferences on outcomes …
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
Zena Denise Crenshaw-Logal
On the first of each two day symposium of the Fogg symposia, lawyers representing NGOs in the civil rights, judicial reform, and whistleblower advocacy fields are to share relevant work of featured legal scholars in lay terms; relate the underlying principles to real life cases; and propose appropriate reform efforts. Four (4) of the scholars spend the next day relating their featured articles to views on the vitality of stare decisis. Specifically, the combined panels of public interest attorneys and law professors consider whether compliance with the doctrine is reasonably assured in America given the: 1. considerable discretion vested in …