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Full-Text Articles in Law

The Role Of A Judge In An Electoral Autocracy, Aparna Chandra Apr 2024

The Role Of A Judge In An Electoral Autocracy, Aparna Chandra

Popular Media

In a year where 64 countries are holding elections, courts around the world must engage with a range of questions around electoral integrity and dysfunction, i.e., with the judicialization of electoral processes. How should democratically inclined judges respond to attempts by incumbent autocrats at leveraging laws to hold on to power?


Same-Sex Marriage Judgment Asks Queer Citizens To Wait For True Equality At A Future Time That May Never Arrive, Kunal Ambasta Oct 2023

Same-Sex Marriage Judgment Asks Queer Citizens To Wait For True Equality At A Future Time That May Never Arrive, Kunal Ambasta

Popular Media

Excerpt:

"For about the last 15 years, the queer rights movement has enriched the constitutional law of this country. Some of the most cherished constitutional values and rights have been fleshed out with the movement as its springboards at the Supreme Court.... The Court fully acknowledges, in abstract, the rights of queer couples to equal treatment before the law, dignity, and of the numerous tangible and intangible benefits of the institution of marriage, but refuses to ensure any of these rights to a clear case of legal discrimination or to craft a suitable remedy."


Marriage Equality Judgment: The Missing Case Of International Covenants, Nanditta Batra, Naveen Batra Oct 2023

Marriage Equality Judgment: The Missing Case Of International Covenants, Nanditta Batra, Naveen Batra

Popular Media

This article analyses the judgement on marriage equality delivered by a five-judge Constitution Bench of the Supreme Court of India on 17 October 2o23. The authors argue that, in holding that there is no fundamental right to marry under the Indian Constitution, the court has not taken into account binding international human rights treatises that categorically state the right to marry as a human right.


Justices Search For A Clear Rule For Confessions In Joint Trials, Jeffrey Bellin Mar 2023

Justices Search For A Clear Rule For Confessions In Joint Trials, Jeffrey Bellin

Popular Media

No abstract provided.


What Does The Alex Jones Case Mean For The First Amendment And Disinformation? Leading Scholars, Lawyers Provide Analysis, George Freeman, Lyrissa Barnett Lidsky, Lynn Oberlander, Timothy Zick Aug 2022

What Does The Alex Jones Case Mean For The First Amendment And Disinformation? Leading Scholars, Lawyers Provide Analysis, George Freeman, Lyrissa Barnett Lidsky, Lynn Oberlander, Timothy Zick

Popular Media

No abstract provided.


The Supreme Court Decisions On Guns And Abortion Relied Heavily On History. But Whose History?, Allison Orr Larsen Jul 2022

The Supreme Court Decisions On Guns And Abortion Relied Heavily On History. But Whose History?, Allison Orr Larsen

Popular Media

No abstract provided.


The Next Fight Over Guns In America, Timothy Zick, Diana Palmer Jun 2022

The Next Fight Over Guns In America, Timothy Zick, Diana Palmer

Popular Media

With Thursday’s Supreme Court decision [in New York State Rifle & Pistol Association Inc. v. Bruen], the only real remaining question is not whether Americans can carry firearms, but where.


Think State Supreme Courts Will Save Abortion Rights? Think Again., Neal Devins Jun 2022

Think State Supreme Courts Will Save Abortion Rights? Think Again., Neal Devins

Popular Media

No abstract provided.


The Second Amendment Has Become A Threat To The First, Diana Palmer, Timothy Zick Oct 2021

The Second Amendment Has Become A Threat To The First, Diana Palmer, Timothy Zick

Popular Media

No abstract provided.


Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin Mar 2021

Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin

Popular Media

No abstract provided.


Protesting In America, Timothy Zick Jan 2021

Protesting In America, Timothy Zick

Popular Media

No abstract provided.


Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin Oct 2020

Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin

Popular Media

No abstract provided.


Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin Oct 2020

Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin

Popular Media

The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Court is scheduled to hear oral argument in Torres v. Madrid, a case that will provide important guidance on what constitutes a Fourth Amendment seizure. Here’s a rundown of the case starting with the relevant facts and procedural history, followed by a discussion of the legal issues and finally a couple of things to watch for at the argument.


What The Lawyers Who Sue The Press Think Of The Press, And Media Law, Jonathan Peters Jul 2020

What The Lawyers Who Sue The Press Think Of The Press, And Media Law, Jonathan Peters

Popular Media

“HAVE A SCORE TO SETTLE WITH THE PRESS? Charles Harder, the media lawyer who ground Gawker.com to dust, is your man.”

That was the subhead of a GQ profile of Harder published in 2016, after he won a $140 million jury verdict for Hulk Hogan against Gawker (later settled for $31 million). The profile went on to say that Harder had established himself “as perhaps the greatest threat in the United States to journalists, the First Amendment, and the very notion of a free press.”

Whether or not that’s true, Harder has said it would be “awesome” if the Gawker …


Symposium: Liquidating Elector Discretion, Rebecca Green Apr 2020

Symposium: Liquidating Elector Discretion, Rebecca Green

Popular Media

No abstract provided.


Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer Mar 2020

Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer

Popular Media

No abstract provided.


Justices Make The Tough-- But Right-- Call In Cross-Border Shooting Case, A. Benjamin Spencer Feb 2020

Justices Make The Tough-- But Right-- Call In Cross-Border Shooting Case, A. Benjamin Spencer

Popular Media

No abstract provided.


The Constitutional Case For "Red Flag" Laws, Timothy Zick Dec 2019

The Constitutional Case For "Red Flag" Laws, Timothy Zick

Popular Media

No abstract provided.


Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl Sep 2019

Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Trust And Retaliation: The First Amendment And Trump’S Taxes, Timothy Zick Jul 2019

Trust And Retaliation: The First Amendment And Trump’S Taxes, Timothy Zick

Popular Media

No abstract provided.


The President’S Utterly Un-American Response To Dissent, Timothy Zick Jul 2019

The President’S Utterly Un-American Response To Dissent, Timothy Zick

Popular Media

No abstract provided.


Judge Kavanaugh, Chevron Deference, And The Supreme Court, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker Sep 2018

Judge Kavanaugh, Chevron Deference, And The Supreme Court, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker

Popular Media

How might a new U.S. Supreme Court Justice Brett Kavanaugh review federal agency statutory interpretations that come before him on the Court?

To find at least a preliminary answer, we can look to his judicial behavior while serving on the U.S. Court of Appeals for the D.C. Circuit—and there is plenty of relevant Kavanaugh judicial behavior to observe. Since starting his service on the D.C. Circuit in 2006, Judge Kavanaugh has participated in the disposition of around 2,700 cases and has authored more than 300 opinions. Over a third of those authored opinions involved administrative law.


President Trump: Challenging Core First Amendment Principles, Timothy Zick Aug 2018

President Trump: Challenging Core First Amendment Principles, Timothy Zick

Popular Media

No abstract provided.


The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick Aug 2018

The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick

Popular Media

No abstract provided.


Judge Kavanaugh And Freedom Of Expression, Timothy Zick Aug 2018

Judge Kavanaugh And Freedom Of Expression, Timothy Zick

Popular Media

No abstract provided.


Neil Gorsuch And The Return Of Rule-Of-Law Due Process, Nathan Chapman Apr 2018

Neil Gorsuch And The Return Of Rule-Of-Law Due Process, Nathan Chapman

Popular Media

Something curious happened at the Supreme Court last week. While the country was glued to the Cirque du Trump, the rule of law made a comeback, revived by Neil Gorsuch, whose place on the Court may prove to be one of Trump’s most important legacies.

Unlike the partisan gerrymander and First Amendment cases currently pending before the Court, immigration cases are usually long on textual analysis and short on grand themes. Accordingly, court-watchers didn’t have especially high expectations for Sessions v. Dimaya.


Waiting For Justice, Jeffrey Bellin Feb 2018

Waiting For Justice, Jeffrey Bellin

Popular Media

One man’s seven-year wait for a trial reveals the ways mandatory minimums distort our courts.


What Trump Misses About Free Speech, Timothy Zick Sep 2017

What Trump Misses About Free Speech, Timothy Zick

Popular Media

No abstract provided.


Why You Should Doubt Reports That The First Amendment Would Protect Gen. Flynn From Prosecution Under The Logan Act, Timothy Zick Feb 2017

Why You Should Doubt Reports That The First Amendment Would Protect Gen. Flynn From Prosecution Under The Logan Act, Timothy Zick

Popular Media

No abstract provided.


Don’T Expect The First Amendment To Protect The Media, Ronnell Anderson Jones, Sonja R. West Jan 2017

Don’T Expect The First Amendment To Protect The Media, Ronnell Anderson Jones, Sonja R. West

Popular Media

Op-ed in the New York Times about the limits on the protection of the press under the First Amendment.