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- Alan E Garfield (8)
- Bertrall L Ross (2)
- Louis J. Sirico Jr. (2)
- Michael C. Dorf (2)
- Andy Grewal (1)
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- Charles W. Collier (1)
- Corey A Ciocchetti (1)
- David K. Millon (1)
- J. Jonas Anderson (1)
- James M. Cooper (1)
- Joel M Pratt (1)
- John C Yoo (1)
- Lyman P. Q. Johnson (1)
- Mark G Yudof (1)
- Martin A. Schwartz (1)
- Michael P. Seng (1)
- Natalie Banta (1)
- Peter Lee (1)
- Ralph Moore (1)
- Richard Daniel Klein (1)
- Richard Faulk (1)
- Rod Smolla (1)
- Sahar F. Aziz (1)
- Thomas A. Schweitzer (1)
Articles 1 - 30 of 34
Full-Text Articles in Law
Not All Black And White, Alan E. Garfield
Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk
Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk
Richard Faulk
The current circuit-by-circuit and state-by-state approach to the question of preemption precludes any uniform standards for environmental compliance and enforcement, and also vitiates any reliable basis for capital investment, expanded operations, and workforce stability. Because Congress enacted the CAA to promote those goals—as well as jobs and a healthy economy—delaying review prolongs the uncertainty and intensifies the dilemma facing not only the courts, but also the regulated community.
The Impact Of “Standing” Is Anything But Boring, Alan E. Garfield
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
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
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
Is It Time To Stop Tinkering With The Machinery Of Death?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Death By A Thousand Cuts Or Hard Bargaining?: How The Supreme Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta
Natalie Banta
No abstract provided.
The Improper Use Of Presumptions In Recent Criminal Law Adjudication, Charles W. Collier
The Improper Use Of Presumptions In Recent Criminal Law Adjudication, Charles W. Collier
Charles W. Collier
This note argues that, in developing the contemporary mandatory-permissive standard, the Supreme Court has misunderstood the effects of presumptions on juries. Presumptions that are ‘permissive’ in theory may nevertheless be ‘mandatory’ in fact, thereby leading some juries to convict regardless of their beliefs and inclinations. Thus, these legal presumptions may undermine the moral sense and political function of the jury. Part I of this note shows, through doctrinal analysis, that the mandatory-permissive distinction is an anomaly in the Court's jurisprudence. Part II shows that this distinction is at variance with a substantial body of empirical social science research. This part …
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
Sahar F. Aziz
No abstract provided.
The Supreme Assimilation Of Patent Law, Peter Lee
The Supreme Assimilation Of Patent Law, Peter Lee
Peter Lee
Although tensions between universality and exceptionalism apply throughout law, they are particularly pronounced in patent law, a field that deals with highly technical subject matter. This Article explores these tensions by investigating an underappreciated descriptive theory of Supreme Court patent jurisprudence. Significantly extending previous scholarship, it argues that the Court’s recent decisions reflect a project of eliminating “patent exceptionalism” and assimilating patent doctrine to general legal principles (or, more precisely, to what the Court frames as general legal principles). Among other motivations, this trend responds to rather exceptional patent doctrine emanating from the Federal Circuit in areas as varied as …
Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla
Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla
Rod Smolla
None available.
George Will’S Supreme Court History Is Dubious, Alan E. Garfield
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
Will ‘Rule Of Five’ End Marriage Debate?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof
Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof
Mark G Yudof
No abstract provided.
Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein
Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein
Richard Daniel Klein
No abstract provided.
Brief Of The John Marshall Law School Veterans Legal Support Center & Clinic, The Veterans Legal Assistance Clinic At Thomas Jefferson School Of Law, The Lewis B. Puller, Jr. Veterans Benefits Clinic At The College Of William & Mary, Michael J. Wishnie As Amici Curiae In Support Of Petitioner, Witt V. United States Of America, 131 S.Ct. 3058 (Supreme Court Of The United States 2011) (No. 10-885), Michael P. Seng
Michael P. Seng
No abstract provided.
Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer
Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer
Thomas A. Schweitzer
No abstract provided.
Marshall's Plan: The Early Supreme Court And Statutory Interpretation, John Choon Yoo
Marshall's Plan: The Early Supreme Court And Statutory Interpretation, John Choon Yoo
John C Yoo
No abstract provided.
When Should The Supreme Court Justices ‘Decide’ A Right?, Alan E. Garfield
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
Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii
Bertrall L Ross
No abstract provided.
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii
Bertrall L Ross
Challenges under the Equal Protection Clause require proof of intentional discrimination. Though rarely questioned by legal scholars or the courts, that conventional account cannot explain the success of equal protection challenges to electoral structures that dilute the vote of racial minorities. In the Supreme Court’s most recent decisions on vote dilution, the Court has invalidated local electoral structures under the Equal Protection Clause to the extent that they deprive African Americans of the opportunity for effective representation in the political process. The Court has reached its decisions despite the absence of any proof of intentional discrimination in the adoption of …
It's Time For The Supreme Court To Review The Economic Substance Doctrine, Andy Grewal
It's Time For The Supreme Court To Review The Economic Substance Doctrine, Andy Grewal
Andy Grewal
In United States v. Woods, this writer submitted an amicus brief arguing that the Supreme Court should reserve its judgment about the economic substance doctrine, which the district court had applied below. The Supreme Court agreed with that argument, expressly leaving its opinion about the proper application of the economic substance doctrine to a future case.That future case has arrived. This amicus brief, supporting the taxpayer’s petition in WFC Holdings v. United States, explains why this case presents the perfect opportunity for the Court to explain what weight, if any, legislative enactments enjoy in deciding economic substance cases. Although this …
How Obamacare’S Future Rests On A Single Clause, Alan E. Garfield
How Obamacare’S Future Rests On A Single Clause, Alan E. Garfield
Alan E Garfield
No abstract provided.
The Solicitor General And The Evolution Of Activism, James L. Cooper
The Solicitor General And The Evolution Of Activism, James L. Cooper
James M. Cooper
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
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
Federal Governmental Power: The Voting Rights Act, Michael C. Dorf
Michael C. Dorf
No abstract provided.
Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon
Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon
Lyman P. Q. Johnson
We evaluate the U.S. Supreme Court’s controversial decision in the Hobby Lobby case from the perspective of state corporate law. We argue that the Court is correct in holding that corporate law does not mandate that business corporations limit themselves to pursuit of profit. Rather, state law allows incorporation for any lawful purpose. We elaborate on this important point and also explain what it means for a corporation to “exercise religion.” In addition, we address the larger implications of the Court’s analysis for an accurate understanding both of state law’s essentially agnostic stance on the question of corporate purpose and …
Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon
Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon
David K. Millon
We evaluate the U.S. Supreme Court’s controversial decision in the Hobby Lobby case from the perspective of state corporate law. We argue that the Court is correct in holding that corporate law does not mandate that business corporations limit themselves to pursuit of profit. Rather, state law allows incorporation for any lawful purpose. We elaborate on this important point and also explain what it means for a corporation to “exercise religion.” In addition, we address the larger implications of the Court’s analysis for an accurate understanding both of state law’s essentially agnostic stance on the question of corporate purpose and …
All Signs Point To A Headache When Court Hears This Case, Alan E. Garfield
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.
“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 …