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Full-Text Articles in Law
Judges’ Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss
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No abstract provided.
The Judicial Assault On The Clean Water Act, Mark Squillace
The Judicial Assault On The Clean Water Act, Mark Squillace
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No abstract provided.
The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
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Discusses J. McIntyre Machinery, Ltd. v. Nicastro as an example of the Supreme Court's failure to rely on practical wisdom, in connection with the historic shift toward increasingly elite credentials for the justices.
Book Review, Derek Kiernan-Johnson
The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose
The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose
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Most modern legal writing texts and style manuals recommend that writers use gender-neutral language. Gender-neutral language is achieved by avoiding the use of “gendered generics” (male or female nouns and pronouns used to refer to both men and women). For example, gender neutrality could be achieved by referring to “Members of Congress,” rather than “Congressmen,” and by changing a few words in the previous quotation from Melendez-Diaz: “The defendant always has [the] burden of raising a Confrontation Clause objection; statutes simply govern the time within which the [defendant] must do so.” As this article demonstrates, most members of the United …
Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel
Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel
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No abstract provided.
Playing Defense, Robert F. Nagel
Playing Defense, Robert F. Nagel
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Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.
In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …
Watts: The Decline Of The Jury, William T. Pizzi
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
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The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Liberals And Balancing, Robert F. Nagel
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
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No abstract provided.
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
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No abstract provided.
Advice, Consent, And Influence, Robert F. Nagel
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
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No abstract provided.
The Formulaic Constitution, Robert F. Nagel
The Formulaic Constitution, Robert F. Nagel
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The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
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No abstract provided.
On Complaining About The Burger Court, Robert F. Nagel
On Complaining About The Burger Court, Robert F. Nagel
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No abstract provided.
Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi
Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi
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No abstract provided.