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Articles 1 - 25 of 25

Full-Text Articles in Law

Right-To-Die, Bruce Morton Dec 2015

Right-To-Die, Bruce Morton

Bruce N. Morton

No abstract provided.


Not All Black And White, Alan E. Garfield Dec 2015

Not All Black And White, Alan E. Garfield

Alan E Garfield

No abstract provided.


The Impact Of “Standing” Is Anything But Boring, Alan E. Garfield Nov 2015

The Impact Of “Standing” Is Anything But Boring, Alan E. Garfield

Alan E Garfield

No abstract provided.


7 Things You Need To Know About: Constitutional Law, Corey A. Ciocchetti Nov 2015

7 Things You Need To Know About: Constitutional Law, Corey A. Ciocchetti

Corey A Ciocchetti

These slides cover the 7 most important things you need to know about Constitutional Law - especially as it relates to business. Topics covered include the Supremacy Clause & preemption, Commercial Speech & the First Amendment, the Commerce Clause, the Bill of Rights and Constitutional History.


Supreme Court 2003-2004 Term: The § 1983 Decisions, Martin A. Schwartz Oct 2015

Supreme Court 2003-2004 Term: The § 1983 Decisions, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Is It Time To Stop Tinkering With The Machinery Of Death?, Alan E. Garfield Oct 2015

Is It Time To Stop Tinkering With The Machinery Of Death?, Alan E. Garfield

Alan E Garfield

No abstract provided.


The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz Aug 2015

The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz

Sahar F. Aziz

No abstract provided.


George Will’S Supreme Court History Is Dubious, Alan E. Garfield Jul 2015

George Will’S Supreme Court History Is Dubious, Alan E. Garfield

Alan E Garfield

No abstract provided.


Will ‘Rule Of Five’ End Marriage Debate?, Alan E. Garfield Jul 2015

Will ‘Rule Of Five’ End Marriage Debate?, Alan E. Garfield

Alan E Garfield

No abstract provided.


Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer May 2015

Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer

Thomas A. Schweitzer

No abstract provided.


The Supreme Court 2007-2008: Competency, Gun Control, And Capital Punishment, Steven Smith May 2015

The Supreme Court 2007-2008: Competency, Gun Control, And Capital Punishment, Steven Smith

STEVEN R SMITH

No abstract provided.


The Supreme Court 2013-2014: The Happiest Term?, Steven Smith May 2015

The Supreme Court 2013-2014: The Happiest Term?, Steven Smith

STEVEN R SMITH

No abstract provided.


From Expert Witnesses To ‘Fleeting Expletives’: The Supreme Court 2008-2009, Steven Smith May 2015

From Expert Witnesses To ‘Fleeting Expletives’: The Supreme Court 2008-2009, Steven Smith

STEVEN R SMITH

The October 2008 Term of the United States Supreme Court began on October 6,2008. By the time the Term adjourned on June 29, 2009, the Court had changed or clarified the law in several important areas. (As we shall see, technically there was another argument in September 2009 as part of this Term.) The Court also seemed to foreshadow larger changes ahead, and saw Justice David Souter announce at the end of April that he would be stepping down from the Court. This article will review the major decisions of the Court during the Term. It will also analyze the …


Legal Perspectives: The New Supreme Court, Steven Smith May 2015

Legal Perspectives: The New Supreme Court, Steven Smith

STEVEN R SMITH

No abstract provided.


Life, Death, Or Miranda: The Supreme Court Term 2009-2010, Steven Smith May 2015

Life, Death, Or Miranda: The Supreme Court Term 2009-2010, Steven Smith

STEVEN R SMITH

No abstract provided.


When Should The Supreme Court Justices ‘Decide’ A Right?, Alan E. Garfield Apr 2015

When Should The Supreme Court Justices ‘Decide’ A Right?, Alan E. Garfield

Alan E Garfield

No abstract provided.


Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii Mar 2015

Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii

Bertrall L Ross

No abstract provided.


Speech And Strife, Robert Tsai Mar 2015

Speech And Strife, Robert Tsai

Robert L. Tsai

The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …


How Obamacare’S Future Rests On A Single Clause, Alan E. Garfield Mar 2015

How Obamacare’S Future Rests On A Single Clause, Alan E. Garfield

Alan E Garfield

No abstract provided.


First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael Dorf Feb 2015

First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael Dorf

Michael C. Dorf

No abstract provided.


Three Vital Issues: Incorporation Of The Second Amendment, Federal Government Power, And Separation Of Powers - October 2009 Term, Michael C. Dorf, Erwin Chemerinsky Feb 2015

Three Vital Issues: Incorporation Of The Second Amendment, Federal Government Power, And Separation Of Powers - October 2009 Term, Michael C. Dorf, Erwin Chemerinsky

Michael C. Dorf

No abstract provided.


Federal Governmental Power: The Voting Rights Act, Michael C. Dorf Feb 2015

Federal Governmental Power: The Voting Rights Act, Michael C. Dorf

Michael C. Dorf

No abstract provided.


All Signs Point To A Headache When Court Hears This Case, Alan E. Garfield Jan 2015

All Signs Point To A Headache When Court Hears This Case, Alan E. Garfield

Alan E Garfield

No abstract provided.


“Shuffling” Sam Thompson And Other Notes From The 1959 Term, Ralph J. Moore Jr. Jan 2015

“Shuffling” Sam Thompson And Other Notes From The 1959 Term, Ralph J. Moore Jr.

Ralph Moore

A wry account of the work of the Supreme Court of the United States during the 1959 Term by one of Chief Justice Earl Warren's law clerks. It gives accounts of the Court's handling of three cases that term, one involving Sam Thompson, who was harassed by police in Louisville, Kentucky, one involving Leon Wolfe and friends, who were convicted of criminal trespass for playing golf on a Jim Crow course on city-owned land in Greensboro, North Carolina, and one involving Clifton Poret and Edgar Labat, who spent years on death row in Louisiana after conviction for raping a white …


Constitutional Law In Social Choice Perspective, Maxwell Stearns Dec 2014

Constitutional Law In Social Choice Perspective, Maxwell Stearns

Maxwell L. Stearns

Constitutional scholars do not typically employ spatial reasoning in their work. And yet, constitutional jurisprudence implicitly rests on a set of assumptions that can best be cast in spatial terms. This includes assuming that debated positions respecting constitutional issues, along with the views of Supreme Court justices, rest along a common liberal-to-conservative ideological dimension. Political scientists who embrace the Attitudinal Model are more explicit in this framing, which is itself a premise of those who code the Supreme Court Database upon which much quantitative work in the field of Judicial Politics takes place.

The assumption of a single analytical dimension …