Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Attorney's Fees In Civil Rights Cases - October 2009 Term, Martin A. Schwartz Nov 2012

Attorney's Fees In Civil Rights Cases - October 2009 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


The Supreme Court 2009 Term Overview And 2010 Term Preview, Erwin Chemerinsky, Joan Biskupic, Martin A. Schwartz, Leon Friedman Nov 2012

The Supreme Court 2009 Term Overview And 2010 Term Preview, Erwin Chemerinsky, Joan Biskupic, Martin A. Schwartz, Leon Friedman

Martin A. Schwartz

No abstract provided.


Unconstitutional Animus, Susannah W. Pollvogt Nov 2012

Unconstitutional Animus, Susannah W. Pollvogt

Susannah W Pollvogt

It is well established that animus can never constitute a legitimate state interest for purposes of equal protection analysis. But neither precedent nor scholarship has stated conclusively what exactly animus is, or what counts as evidence of animus in any given case. The United States Supreme Court has explicitly addressed the question of animus only a handful of times, and these cases do not appear to be particularly congruent with one another, at least on the surface. Further, while scholars have discussed animus in terms of moral philosophy, no one has attempted to articulate a unified theory of animus as …


Workshop Text For Powerpoint: Unanimous Decisions Of The Supreme Court, Peter Aschenbrenner Jun 2012

Workshop Text For Powerpoint: Unanimous Decisions Of The Supreme Court, Peter Aschenbrenner

Peter J. Aschenbrenner

How can we explain so many unanimous decisions if justices of the United States Supreme Court are appointed by Presidents with different philosophies? Far more unanimous decisions occured in the interval 2000-2010 that would result from random decision-making.


Table Annexed To Workshop Materials: Unanimous Decisions, Peter J. Aschenbrenner May 2012

Table Annexed To Workshop Materials: Unanimous Decisions, Peter J. Aschenbrenner

Peter J. Aschenbrenner

How can so many unanimous decisions result from the decision-making of judges appointed by Presidents of different parties? Decisions (2000-2010) are surveyed.


An Essay: Six Competing Currents Of Rule 10b-5 Jurisprudence, David M. Phillips Feb 2012

An Essay: Six Competing Currents Of Rule 10b-5 Jurisprudence, David M. Phillips

David M. Phillips

During the 1970’s and 1980’s, the United States Supreme Court decided a number of cases in which the Justices wrestled with the elements and scope of Rule 10b-5, promulgated by the Securities and Exchange Commission under Section 10(b) of the Securities Exchange Act of 1934. Some of these cases were civil – private parties suing other parties for alleged violations of the rule, others were administrative enforcement actions brought by the SEC itself, and a few were criminal cases. Despite the different character of the cases, one could discern certain competing themes, or currents, espoused by different justices in these …