Law Commons^™

The Terms Of The Debate: Litigation, Argumentative Strategies, And Coalitions In The Same-Sex Marriage Struggle, Mary Ziegler

Scholarly Publications

Why, in the face of ongoing criticism, do advocates of same-sex marriage continue to pursue litigation? Recently, Perry v. Schwarzenegger, a challenge to California’s ban on same-sex marriage, and Gill v. Office of Personnel Management, a lawsuit challenging section three of the federal Defense of Marriage Act, have created divisive debate. Leading scholarship and commentary on the litigation of decisions like Perry and Gill have been strongly critical, predicting that it will produce a backlash that will undermine the same-sex marriage cause.

These studies all rely on a particular historical account of past same-sex marriage decisions and their …

An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J. B. Ruhl

Scholarly Publications

While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces of the vast litigation landscape. Without a complete picture of what has and has not been within the sweep of climate change litigation, it is difficult to offer a robust evaluation of the past, present, and future of climate change jurisprudence. Based on a comprehensive empirical study of the status of all (201) climate change litigation matters filed through 2010, this Article is …

Evidence-Based Litigation Reform, Emily Spottswood

Scholarly Publications

No abstract provided.