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United States Supreme Court

2002

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Articles 1 - 30 of 43

Full-Text Articles in Law

Ties In The Supreme Court Of The United States, Edward A. Hartnett Dec 2002

Ties In The Supreme Court Of The United States, Edward A. Hartnett

William & Mary Law Review

No abstract provided.


Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas Dec 2002

Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas

William & Mary Bill of Rights Journal

Using the context of Bush v. Gore as a vehicle for discussion, Professor Thomas examines the use and legitimacy of prophylactic remedies. In this Article, Professor Thomas advances the argument that the broad prophylactic remedy provided by the U.S. Supreme Court in Bush v. Gore may be viewed as contrary to the law of remedies in that it operated to negate, rather than enforce, legal rights. In particular, prophylactic remedies which are untailored and unachievable, as in Bush v. Gore, threaten the legitimacy of prophylaxis. Professor Thomas argues that the use of prophylactic remedies itself is not problematic, but concludes …


The Random Muse: Authorship And Indeterminacy, Alan R. Durham Dec 2002

The Random Muse: Authorship And Indeterminacy, Alan R. Durham

William & Mary Law Review

No abstract provided.


An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil Dec 2002

An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil

William & Mary Law Review

No abstract provided.


The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins Oct 2002

The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins

Faculty Publications

No abstract provided.


Federal Judicial Selection As War, Part Three: The Role Of Ideology, Michael J. Gerhardt Oct 2002

Federal Judicial Selection As War, Part Three: The Role Of Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Section 10: Miscellaneous, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 10: Miscellaneous, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 1: Lockyer V. Andrade, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 1: Lockyer V. Andrade, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 3: The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 3: The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 2: Supreme Court Advocacy, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 2: Supreme Court Advocacy, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 8: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 8: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 5: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 5: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 9: Upcoming Issues, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 9: Upcoming Issues, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick Jul 2002

Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick

Faculty Publications

No abstract provided.


After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover Jun 2002

After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover

University of Michigan Journal of Law Reform

In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability for supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the …


John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins Mar 2002

John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins

William & Mary Law Review

No abstract provided.


John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty Mar 2002

John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty

William & Mary Law Review

No abstract provided.


Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan Mar 2002

Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan

William & Mary Law Review

No abstract provided.


A Judge For All Seasons, R. Kent Newmyer Mar 2002

A Judge For All Seasons, R. Kent Newmyer

William & Mary Law Review

No abstract provided.


Some Alarming Aspects Of The Legacies Of Judicial Review And Of John Marshall, Stephen B. Presser Mar 2002

Some Alarming Aspects Of The Legacies Of Judicial Review And Of John Marshall, Stephen B. Presser

William & Mary Law Review

No abstract provided.


John Marshall: Remarks Of October 6, 2000, William H. Rehnquist Mar 2002

John Marshall: Remarks Of October 6, 2000, William H. Rehnquist

William & Mary Law Review

No abstract provided.


The Use That The Future Makes Of The Past: John Marshall's Greatness And Its Lessons For Today's Supreme Court Justices, Jack M. Balkin Mar 2002

The Use That The Future Makes Of The Past: John Marshall's Greatness And Its Lessons For Today's Supreme Court Justices, Jack M. Balkin

William & Mary Law Review

No abstract provided.


The Lives Of John Marshall, Michael J. Gerhardt Mar 2002

The Lives Of John Marshall, Michael J. Gerhardt

William & Mary Law Review

No abstract provided.


The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken Feb 2002

The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken

William & Mary Bill of Rights Journal

In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …


The Constitution And The New Deal, Richard D. Friedman Jan 2002

The Constitution And The New Deal, Richard D. Friedman

Reviews

The Supreme Court of the New Deal era continues to captivate American lawyers and historians. Constitutional jurisprudence changed rapidly during the period. Moreover, some of the most significant changes appeared - whatever the reality - to result from pressure imposed in 1937 by President Franklin Roosevelt's plan to pack the Court with Justices amenable to his programme. The structure of constitutional law that emerged within a few years of Roosevelt's death remains intact in significant respects today.


Not Because They Are Brown, But Because Of Ea*: Why The Good Guys Lost In Rice V. Cayetano, And Why They Didn't Have To Lose, Gavin Clarkson Jan 2002

Not Because They Are Brown, But Because Of Ea*: Why The Good Guys Lost In Rice V. Cayetano, And Why They Didn't Have To Lose, Gavin Clarkson

Michigan Journal of Race and Law

Part II of this Article therefore reviews the history of Native Hawaiians in the broader context of the history of federal Indian law, focusing on the vacillating congressional policies regarding Indians and how those policies almost always treated Indian tribes as political entities rather than ethnic communities. Part III reviews and analyzes the procedural history of the Rice case and its resolution by the Supreme Court. Part IV concludes with the argument that constitutionally-permissible alternative methodologies exist for accomplishing the same objective of self-determination for Native Hawaiians


Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook Jan 2002

Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook

Michigan Journal of International Law

This Article examines the evolution of the nexus requirement in United States refugee law since the Elias-Zacarias decision. Part I discusses the Supreme Court's decision in Elias-Zacarias, identifying the choices the Court made among the arguments presented before it that resulted in the motive-oriented approach to nexus. This Part also delves into the Court's statement about the evidence required to demonstrate motive, concluding that the Court's treatment of the evidence before it foreshadows the confusion lower courts have demonstrated in evaluating evidence of motive. Part II looks at appellate decisions on the nexus issue since 1992, highlighting cases that …