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Articles 1 - 30 of 44
Full-Text Articles in Law
Justice Brennan: Legacy Of A Champion, Dawn E. Johnsen
Justice Brennan: Legacy Of A Champion, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
The Supreme Court And Information Privacy, Fred H. Cate, Beth E. Cate
The Supreme Court And Information Privacy, Fred H. Cate, Beth E. Cate
Articles by Maurer Faculty
Advances in technology—including the growing use of cloud computing by individuals, agencies, and organizations to conduct operations and store and process records—are enabling the systematic collection and use of personal data by state and federal governments for a variety of purposes.
These purposes range from battling crime and terrorism to assessing public policy initiatives and enforcing regulatory regimes. To aid these efforts, governments are promoting mandatory retention and reporting of data by online service providers and the expansion of laws that facilitate wiretaps to greater portions of the web.
The legal framework for protecting individual privacy within this growing world …
The Supreme Court's Role In The Growing School Choice Movement, Kevin D. Brown
The Supreme Court's Role In The Growing School Choice Movement, Kevin D. Brown
Articles by Maurer Faculty
The expansion of school choice in elementary and secondary education, particularly in urban areas, is one of largest current educational reform movements sweeping the nation. This is true despite the fact that it is still too early for a consensus to develop about the educational benefits of increased choice. 1 Society always precedes schooling. Thus, major educational reforms pass in and out of favor depending on social conditions and how prevailing patterns of understanding interpret those conditions.2 Among the most significant social developments influencing educational reforms are legal decisions. Since the Supreme Court is the final authority on constitutional law, …
Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle
Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Of Platonic Guardians, Trust, And Equality: A Comment On Hasen's Minimalist Approach To The Law Of Elections, Luis Fuentes-Rohwer
Of Platonic Guardians, Trust, And Equality: A Comment On Hasen's Minimalist Approach To The Law Of Elections, Luis Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.
An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude
An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude
Articles by Maurer Faculty
This article previews the Supreme Court's decision in the Guantánamo prisoners' cases, arguing they should be dismissed for failure of jurisdiction. The worst possible outcome for civil liberties in wartime would be a decision to adjudicate the rights of the prisoners under an anemic view of individual rights and judicial jurisdiction. It is evident that the Court will not apply a robust conception of due process to these cases, in light of the inevitable pressures of national security in wartime. But faint-hearted judicial review, the likely result, will foster the political illusion that business as normal for our constitutional system …
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Articles by Maurer Faculty
This article examines the permanence of the U.S. Supreme Court's retreat to the peripheries of patent law after the creation of the Federal Circuit, and explores the roles that the Supreme Court might imagine for itself in contemporary patent law. For discussion purposes, the article describes two hypothetical models for Supreme Court decisionmaking in patent cases: an aggressive interventionist model and an extreme non-interventionist model. After considering the shortcomings of both models, the article proposes an intermediate, managerial model. The managerial model rejects the proposition that the Court should intervene in patent cases to correct perceived substantive errors in Federal …
Sense And Sensibility: Justice Ruth Bader Ginsburg's Mentoring Style As A Blend Of Rigor And Compassion, David C. Williams, Susan H. Williams
Sense And Sensibility: Justice Ruth Bader Ginsburg's Mentoring Style As A Blend Of Rigor And Compassion, David C. Williams, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen
Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen
Articles by Maurer Faculty
No abstract provided.
Conspiracy, Literalism, And Ennui At The Supreme Court: An Examination Of Bankruptcy Cases Decided From 1990- To 1993, Bruce A. Markell
Conspiracy, Literalism, And Ennui At The Supreme Court: An Examination Of Bankruptcy Cases Decided From 1990- To 1993, Bruce A. Markell
Articles by Maurer Faculty
No abstract provided.
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann
Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease?, Kevin D. Brown
Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease?, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Book Review. Behind Bakke: Affirmative Action And The Supreme Court By Bernard Schwartz, Daniel O. Conkle
Book Review. Behind Bakke: Affirmative Action And The Supreme Court By Bernard Schwartz, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Interest Analysis As Constitutional Law, Gene R. Shreve
Interest Analysis As Constitutional Law, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Articles by Maurer Faculty
This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.' Although the Court worked no major changes,2 it has been "tinkering and tailoring,"3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions.
The Uncertainty Principle In The Supreme Court, Craig M. Bradley
The Uncertainty Principle In The Supreme Court, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Two Models Of The Fourth Amendment, Craig M. Bradley
Two Models Of The Fourth Amendment, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Emerging Constitutional Principle Of Sexual Equality, Julius G. Getman
The Emerging Constitutional Principle Of Sexual Equality, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner
Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
In Memory Of Mr. Justice Wiley B. Rutledge, Ralph F. Fuchs
In Memory Of Mr. Justice Wiley B. Rutledge, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The United States Supreme Court: 1948-49, John P. Frank
The United States Supreme Court: 1948-49, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Justice Murphy: The Goals Attempted, John P. Frank
Justice Murphy: The Goals Attempted, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Wiley B. Rutledge, 1894-1949, Ralph F. Fuchs
Wiley B. Rutledge, 1894-1949, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The United States Supreme Court: 1947-48, John P. Frank
The United States Supreme Court: 1947-48, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Book Review. The Roosevelt Court By C. H. Pritchett, John P. Frank
Book Review. The Roosevelt Court By C. H. Pritchett, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Book Review. Lions Under The Throne By C. P. Curtis, Jr. And The Nine Young Men By W. Mccune, John P. Frank
Book Review. Lions Under The Throne By C. P. Curtis, Jr. And The Nine Young Men By W. Mccune, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Book Review. Mason, A.T., Brandeis, A Free Man's Life, Ralph F. Fuchs
Book Review. Mason, A.T., Brandeis, A Free Man's Life, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The United States Supreme Court: 1946-47, John P. Frank
The United States Supreme Court: 1946-47, John P. Frank
Articles by Maurer Faculty
No abstract provided.