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Full-Text Articles in Law
To Speak Or Not To Speak, That Is Your Liberty: Janus V. Afscme, David Forte
To Speak Or Not To Speak, That Is Your Liberty: Janus V. Afscme, David Forte
Law Faculty Articles and Essays
Some Supreme Court precedents go through extensive death spasms before being interred. Lochner v. New York, Plessy v. Ferguson, and Austin v. Michigan Chamber of Commerce come to mind. Others like Chisholm v. Georgia and Minersville School District v. Gobitis incurred a swift and summary execution. Still others, overtaken by subsequent cases, remain wraith-like presences among the Court’s past acts: Beauharnais v. Illinois and Buck v. Bell, for example, remain “on the books.”
Taking Stare Decisis Seriously: A Cautionary Tale For A Progressive Supreme Court, James G. Wilson
Taking Stare Decisis Seriously: A Cautionary Tale For A Progressive Supreme Court, James G. Wilson
Law Faculty Articles and Essays
To better understand stare decisis and to normatively explore our constitutional future, this article assumes that President Obama's election signifies a constitutional shift similar to the one occurring after President Nixon won in 1968. From that contentious, self-righteous era to the present day, all American Presidents selected Supreme Court nominees who were more conservative than the members of the Warren Court majority, much less that aggressively liberal duo, Justices Brennan and Marshall. Justice Stevens, appointed by the moderate Republican President Gerald Ford, is arguably the most liberal member on the Court. It is impossible to predict how far the country …
The Judicial Process, Lee E. Skeel
The Judicial Process, Lee E. Skeel
Cleveland State Law Review
The judicial process is that technique by which coherent direction of thought on the basic principles of social rights and duties is made available for judicial officers. It is the duty of such officers diligently to seek out the rules which must be used as the bases of judgment. The sources from which they must seek help are as wide and varied as the sum total of past and present human experience.