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Scotus Summary: The Supreme Court's Decision In King V. Burwell On Healthcare, Wilson Huhn

Con Law Center Articles and Publications

This report analyzes the Supreme Court’s decision in King v. Burwell, which was handed down on June 25, 2015. In this case the Supreme Court revisited the Affordable Care Act, the statute whose constitutionality was upheld in the 2012 case of NFIB v. Sebelius. In NFIB the Court ruled that it was constitutional for Congress to impose a tax on persons who fail to purchase health insurance.

Scotus Summary: Separation Of Powers In Zivotofsky V. Kerry, Wilson Huhn

Con Law Center Articles and Publications

Welcome to Supreme Podcast, and the summary of the decision of the Supreme Court in Zivotofsky v. Kerry.

This is a Separation of Powers case involving a dispute between the President and Congress over the recognition of a foreign country, in this case the power of the President to determine which foreign government, if any, has territorial sovereignty over the City of Jerusalem. By a vote of 6-3 the Supreme Court upheld the President’s exclusive and conclusive authority to make that determination.

An Introduction To The Women In Law Symposium, Tracy Thomas

Con Law Center Articles and Publications

This collected symposium gives context and definition to these continuing problems of sex discrimination. The included articles pull back the curtain to provide examples of how and why sex discrimination still exists. The articles go deeper, fleshing out persistent notions of gender as subordinate, exploring the public perception of gender in appearance of femininity and masculinity. They illustrate the tangible legal results of these gendered notions to legal issues as varied as forced sterilization of the mentally disabled, equal employment, or the criminalization of prostitution.

Tradition, Policy And The Establishment Clause: Justice Kennedy's Opinion In Town Of Greece V. Galloway, Wilson Huhn

Con Law Center Articles and Publications

The great jurisprudential battle that has raged in the Supreme Court for more than a century and the question that our society has struggled with since the advent of the Civil War is whether the Constitution is a command by our ancestors that we retain the same political structures, social hierarchies, and cultural traditions that they had, or whether it reflects ideals of liberty, equality, fairness, and tolerance that they aspired to and that they expected us to reach for. That struggle between rules and standards, doctrine and principles, conventionalism and consequentialism, tradition and policy in the interpretation of the …

Back To Class: Lessons From The Roberts Court Class Action Jurisprudence, Bernadette Bollas Genetin

Con Law Center Articles and Publications

This symposium issue on The Class Action After a Decade of Roberts Court Decisions provides perspectives on how the class action has fared under persistent Supreme Court scrutiny. Over the past ten years, the Roberts Court has repeatedly returned to questions concerning class action litigation...This ten-year retrospective on the Roberts Court’s class action decisions provides a timely opportunity to reflect on the Supreme Court’s institutional role in construing the Federal Rules and in creating class action policy through decisions construing Rule 23...The contributors to this symposium focus on the Roberts Court class action decisions as a whole; the Roberts Court’s …

Tying The Knot With A Surname? The Constitutionality Of Japan's Law Requiring A Same Marital Name, Koji Higashikawa

Con Law Center Articles and Publications

The Japanese Supreme Court issued a decision denying married women the right to retain their separate maiden name legally after marriage. It upheld the constitutionality of an old law requiring both marital partners to adopt the same surname. This essay by a Japanese scholar provides insight and explanation into the Supreme Court’s decision.

The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin

Con Law Center Articles and Publications

The Supreme Court has returned to the issue of whether a “reasonableness” analysis or an “interstate federalism” focus underlies personal jurisdiction doctrine. It has, thus, renewed the debate regarding whether the so-called “forward-looking” or “backward-looking” face of International Shoe should control.

This Article explores two 2014 cases in which the Court took strides toward implementing a liberty interest, or reasonableness, view of personal jurisdiction. In the first case, Daimler AG v. Bauman, the Court introduced a new, narrower approach to general jurisdiction. Under Bauman’s more constrained analysis, general jurisdiction will be available primarily in an individual’s domicile and …