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Full-Text Articles in Law
The Roberts Court: Year 1, Lori A. Ringhand
The Roberts Court: Year 1, Lori A. Ringhand
ExpressO
This paper is an empirical examination of the recently ended 2005 Supreme Court term. The paper, in addition to reviewing the work of the Court as a whole, also examines the jurisprudence of new justices Roberts and Alito. In doing so, it proposes the intriguing possibility that these two justices may share a jurisprudential approach different from the Court's more established conservatives. If correct, this raises numerous and interesting possibilities for the future of conservativism on the Supreme Court.
The Constitution As Idea: Defining Describing Deciding In Kelo, Marc L. Roark
The Constitution As Idea: Defining Describing Deciding In Kelo, Marc L. Roark
ExpressO
In June 2005, the Supreme Court in a Five to Four Decision marked its most controversial decision in recent memory. The case of Kelo v. City of New London, set off a fire storm of response to the Court’s ruling that economic development takings satisfied the Fifth Amendment. This essay is about Kelo. It is about how the Court uses words, how the defining ability of words create institutional space in which the Court operates, and which defines things beyond the words.
Exploring The Judicial Philosophy And Intellectual Independence Of John Marshall Harlan I: A Temporal Examination Across Three Chief Justices, George S. Yacoubian
Exploring The Judicial Philosophy And Intellectual Independence Of John Marshall Harlan I: A Temporal Examination Across Three Chief Justices, George S. Yacoubian
ExpressO
No abstract provided.
Review Of Agency Interpretations: The Difference Discovers Itself, Marla E. Mansfield
Review Of Agency Interpretations: The Difference Discovers Itself, Marla E. Mansfield
ExpressO
The Supreme Court regularly reviews agency interpretations of statutes. For many years, the official dogma of the Court was one of deference to reasonable agency interpretations of ambiguous statutes – the so-called “Chevron doctrine.” After Mead and Christensen, the Court was open to other levels of respect for agency interpretations. Recently, cases have so emphasized the particular statutory construction methods of the individual justices that the agency interpretation of a statute is now on the level of legislative history or other aids to interpretation, such as canons, which may or may not be used at a justice’s option. The array …
Constitutional Crisis Over The Proposed Supreme Court For The United Kingdom, Peter L. Fitzgerald
Constitutional Crisis Over The Proposed Supreme Court For The United Kingdom, Peter L. Fitzgerald
ExpressO
No abstract provided.