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Journal

2016

Supreme Court

Discipline
Institution
Publication

Articles 1 - 30 of 78

Full-Text Articles in Law

The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski Dec 2016

The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski

Touro Law Review

No abstract provided.


Thoughts On The Relationship Between The Supreme Court And The Federal Circuit, Timothy B. Dyk Nov 2016

Thoughts On The Relationship Between The Supreme Court And The Federal Circuit, Timothy B. Dyk

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Abuse Of Supreme Court Precedent: The "Historic Kinship", David W. Barnes Nov 2016

Abuse Of Supreme Court Precedent: The "Historic Kinship", David W. Barnes

Chicago-Kent Journal of Intellectual Property

In Sony Corp. of America v. Universal City Studios, the Supreme Court applied a doctrine formulated for patent law to an issue arising in copyright law. The Court supplied a rationale for doing so by identifying a “historic kinship” between patent and copyright law based on fundamental goals of intellectual property law. The Court considered how the rationale applied in the particular factual context involved. The Court cautioned that the propriety of extending a doctrine developed in one intellectual property regime to another depends on the particular legal issue involved. Despite the importance of ensuring that new rules are …


Panel Discussion: Remembering Justice Scalia In Ip Cases, Graeme Dinwoodie Nov 2016

Panel Discussion: Remembering Justice Scalia In Ip Cases, Graeme Dinwoodie

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford Nov 2016

Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford

Georgia State University Law Review

The Act expands the jurisdiction of the Georgia Court of Appeals and increases the number of Supreme Court Justices from seven to nine to alleviate the overly burdened Supreme Court of Georgia. The Supreme Court had exclusive appellate jurisdiction over cases involving title to land, wills, and divorce. The Act allows the Court of Appeals to hear appeals on these matters.


In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker Nov 2016

In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker

University of Richmond Law Review

No abstract provided.


The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith Aug 2016

The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith

University of Miami Race & Social Justice Law Review

No abstract provided.


What’S So Special About Patent Law?, Michael Goodman Jun 2016

What’S So Special About Patent Law?, Michael Goodman

Fordham Intellectual Property, Media and Entertainment Law Journal

The widespread belief that patent law is special has shaped the development of patent law into one of the most specialized areas of the law today. The belief in patent law’s exceptionalism manifests itself as two related presumptions with respect to the judiciary: first, that generalist judges who do not have patent law expertise cannot effectively decide patent cases, and second, that judges can develop necessary expertise through repeated experience with patent cases. Congress showed that it acquiesced to both views when it created the Federal Circuit and the Patent Pilot Program. In recent years, however, the Supreme Court has …


The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger May 2016

The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger

University of Richmond Law Review

No abstract provided.


Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber May 2016

Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber

University of Richmond Law Review

No abstract provided.


Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer May 2016

Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer

University of Richmond Law Review

Part I of this comment provides an overview of prevailing agency and judicial interpretations of unpaid internships. Part II describes recent internship litigation and the trend towards courts abandoning the Wage and Hour Division's six-factor test in favor of a more expansive primary beneficiary test. Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships. The Wage and Hour Division's six-factor test lacks the "force of law" and should not warrant un- due judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc." …


Glimpses Of Marshall In The Military, Kevin C. Walsh May 2016

Glimpses Of Marshall In The Military, Kevin C. Walsh

University of Richmond Law Review

No abstract provided.


Introduction: Is The Supreme Court Failing At Its Job, Or Are We Failing At Ours?, Suzanna Sherry May 2016

Introduction: Is The Supreme Court Failing At Its Job, Or Are We Failing At Ours?, Suzanna Sherry

Vanderbilt Law Review

It is a pleasure and a privilege to write an introduction to this Symposium celebrating Dean Erwin Chemerinsky's important new book, The Case Against the Supreme Court. Chemerinsky is one of the leading constitutional scholars of our time and a frequent advocate before the U.S. Supreme Court. If he thinks there is a case to be made against the Court, we should all take it very seriously indeed. Chemerinsky's thesis may be stated in a few sentences. The primary role of the Supreme Court, in his view, is to "protect the rights of minorities who cannot rely on the political …


Circuit Splits And Empiricism In The Supreme Court, Karen M. Gebbia Apr 2016

Circuit Splits And Empiricism In The Supreme Court, Karen M. Gebbia

Pace Law Review

This Article demonstrates, empirically rather than merely in theory, how a failure to do so leads to unreliable conclusions concerning the relationship between the Supreme Court and the circuit courts of appeal. Specifically, commentators routinely misapply facially accurate raw data regarding the rate at which the Court reverses circuit court decisions to support unreliable conclusions regarding the comparative degree of accord between the Court and individual circuits. Commentators and the popular press then employ these unreliable conclusions to draw unsupported inferences regarding the reasons for supposed discord between the Court and the circuits, and to urge fundamental institutional reforms ranging …


Ttab Decisions No Longer The “Red-Headed Stepchild” Of Precedential Authority, Rebecca Knight Mar 2016

Ttab Decisions No Longer The “Red-Headed Stepchild” Of Precedential Authority, Rebecca Knight

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Navigating The Unknown: Why Scotus Ought To Again Affirm That Achieving True Diversity In Higher Education Is A Compelling Interest That Satisfies Strict Scrutiny When It Rehears Fisher, Kenrick Frank Roberts Mar 2016

Navigating The Unknown: Why Scotus Ought To Again Affirm That Achieving True Diversity In Higher Education Is A Compelling Interest That Satisfies Strict Scrutiny When It Rehears Fisher, Kenrick Frank Roberts

University of the District of Columbia Law Review

On June 29th, 2015, the Supreme Court agreed to once again hear oral arguments in Fisher. This decision is troubling to supporters of Affirmative Action policies because of the Court's indistinguishable motivation for hearing the case a second time. This Note argues that theCourt must continue to allow race-based considerations in higher education admissions policies. Part I takes a look at the beginnings of affirmative action and the effects of past discrimination on the educational attainment of minorities. Part II charts the case law related to affirmative action in higher education. Part III tracks how the meaning of narrowly-tailored has …


Federal Energy Regulatory Commission V. Electric Power Supply Association, Keatan J. Williams Mar 2016

Federal Energy Regulatory Commission V. Electric Power Supply Association, Keatan J. Williams

Public Land & Resources Law Review

In a 6-2 opinion delivered by Justice Kagan, the United States Supreme Court upheld FERC Order No. 745, which regulates the prices that wholesale market operators pay for demand response bids. At issue in the case was whether this regulation exceeded FERC’s wholesale regulation authority under the Federal Power Act, thereby impinging on retail markets under state regulation, and whether the pricing regulations within the rule were chosen in an arbitrary and capricious manner. The Court held Order No. 745 withstood both challenges.


Maintaining Institutional Power And Constitutional Principles: A Rhetorical Analysis Of United States V. Nixon, R. Scott Medsker, Todd F. Mcdorman Mar 2016

Maintaining Institutional Power And Constitutional Principles: A Rhetorical Analysis Of United States V. Nixon, R. Scott Medsker, Todd F. Mcdorman

Speaker & Gavel

In examining these implications we argue that the Court’s Nixon decision was a uniquely strategic response to a complex rhetorical situation. In fact, the elements of the situation were so fundamental to the tenor of the Court’s response that this essay’s framework is drawn from Lloyd F. Bitzer’s construction of the rhetorical situation. The use of this system will allow for deeper consideration of the context of United States v. Nixon as well as assessment of the legal text as responsive to that context.


The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora Mar 2016

The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora

Touro Law Review

No abstract provided.


Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein Mar 2016

Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Third Department, Rossi V. City Of Amsterdam, Aron Rattner Mar 2016

Third Department, Rossi V. City Of Amsterdam, Aron Rattner

Touro Law Review

No abstract provided.


First Department, People V Robinson, Courtney Blakeslee Mar 2016

First Department, People V Robinson, Courtney Blakeslee

Touro Law Review

No abstract provided.


First Department, People V. Mason, Kathleen Byrne Mar 2016

First Department, People V. Mason, Kathleen Byrne

Touro Law Review

No abstract provided.


Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano Mar 2016

Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Ortiz, Robert Kronenberg Mar 2016

Supreme Court, Kings County, People V. Ortiz, Robert Kronenberg

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Butler, Robert B. Kronenberg Mar 2016

Supreme Court, Kings County, People V. Butler, Robert B. Kronenberg

Touro Law Review

No abstract provided.


Supreme Court, Monroe County, People V. Dejac, Danielle Marks Mar 2016

Supreme Court, Monroe County, People V. Dejac, Danielle Marks

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Figueroa, Erik Lindemann Mar 2016

Supreme Court, Bronx County, People V. Figueroa, Erik Lindemann

Touro Law Review

No abstract provided.


Supreme Court, Queens County, People V. Amadeo, Erik Lindemann Mar 2016

Supreme Court, Queens County, People V. Amadeo, Erik Lindemann

Touro Law Review

No abstract provided.


Wheeler For Two, Do You Have A Reservation? The Supreme Court's Inconsistent Treatment Of Tribal Sovereignty, Fred Kantrow Mar 2016

Wheeler For Two, Do You Have A Reservation? The Supreme Court's Inconsistent Treatment Of Tribal Sovereignty, Fred Kantrow

Touro Law Review

No abstract provided.