Law Commons^™

The Courts Under President Obama, Scott A. Moss

Publications

No abstract provided.

If It Is Broken, Then Fix It: Needed Reforms To Employment Discrimination Law: 2009 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Melissa Hart, Minna Kotkin, Roberto Corrada, Deborah Widiss

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No abstract provided.

Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart

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It has become nearly a commonplace to say that the Supreme Court under the leadership of Chief Justice John Roberts is a court of “incrementalism.” The 2008 Term, however, featured several opinions that showcase the procedural extremism of the current conservative majority. In a series of sharply divided decisions, the Court re-shaped the law that governs the workplace - or more specifically the law that governs whether and how employees will be permitted access to the courts to litigate workplace disputes. At least as important as the Court’s changes to the substantive legal standards are the procedural hurdles the five …

Cooper's Quiet Demise (A Short Response To Professor Strauss), Frederic M. Bloom

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No abstract provided.

A Decade Of Colorado Supreme Court Water Decisions, 1996-2006: Special Report, Colorado Foundation For Water Education

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Justice Greg Hobbs, Colorado Supreme Court

31 pages.

Includes color illustrations and map

"Acknowledgments: This special report highlights important features of Colorado Supreme Court water decisions handed down between 1996 and 2006. It contains excerpts from opinions authored by Justices Lohr, Vollack, Mullarkey, Kourlis, Hobbs, Martinez, Bender, Rice, Coats and Eid. It is adapted from an article that first appeared in The Water Report (www.thewaterreport.com), February 15, 2007, used with permission."

Sending The Self-Execution Doctrine To The Executioner, Aya Gruber

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No abstract provided.

A Perspective On Federal Corporation Law, Mark J. Loewenstein

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No abstract provided.

Cross-Examination Earlier Or Later: When Is It Enough To Satisfy Crawford?, Christopher B. Mueller

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No abstract provided.

"Particular Intentions": The Hillmon Case And The Supreme Court, Marianne Wesson

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The case of Mutual Life Insurance Company v. Hillmon is one of the most influential decisions in the law of evidence. Decided by the Supreme Court in 1892, it invented an exception to the hearsay rule for statements encompassing the intentions of the declarant. But this exception seems not to rest on any plausible theory of the categorical reliability of such statements. This article suggests that the case turned instead on the Court's attachment to a particular narrative about the events that gave rise to the case, events that produced a corpse of disputed identity. The author's investigations into newspaper …

Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun

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No abstract provided.

The Renaissance Of Tribal Sovereignty, The Negative Doctrinal Feedback Loop, And The Rise Of A New Exceptionalism, Sarah Krakoff

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No abstract provided.

Merrill Lynch V. Dabit: Federal Preemption Of Holders' Class Actions, Mark J. Loewenstein

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No abstract provided.

Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter

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No abstract provided.

Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman

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No abstract provided.

Diversity And The Practice Of Interest Assessment, Robert F. Nagel

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No abstract provided.

Marbury V. Madison And Modern Judicial Review, Robert F. Nagel

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This Article compares the realist critique of Marbury with several revisionist defenses of that decision. Realists claim to see Marbury as essentially political and thus as the fountainhead of modern judicial review. Revisionists claim to see the decision as legalistically justified and thus inconsistent with current practices. Close examination, however, indicates that, despite sharp rhetorical differences, these two accounts are largely complementary rather than inconsistent. Each envisions Marbury as embodying elements of both political realism and legal formalism. Once the false argument about whether Marbury was either political or legal is put aside, it is possible to trace the influence …

Justice White And Judicial Review, Philip J. Weiser

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No abstract provided.

The Right To Receive Information, Susan Nevelow Mart

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Ms. Mart examines the legal evolution of the right to receive information, particularly focusing on its application to libraries, beginning with the Supreme Court holding in Board of Education v. Pico, and followed by cases that have considered the meaning of Pico in a variety of library-related contexts.

Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel

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No abstract provided.

What Bush V. Gore Means For Elections In The 21st Century, Helen Norton

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No abstract provided.

Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff

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No abstract provided.

The Search For Incontrovertible Visual Evidence, Paul F. Campos

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No abstract provided.

Conflating Scope Of Right With Standard Of Review: The Supreme Court's Strict Scrutiny Of Congressional Efforts To Enforce The Fourteenth Amendment, Melissa Hart

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No abstract provided.

Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches

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No abstract provided.

Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel

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No abstract provided.

Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel

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No abstract provided.

The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya

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No abstract provided.

Introduction: Symposium On Constitutional Elitism, Robert F. Nagel

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No abstract provided.

Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

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No abstract provided.

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 …