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Full-Text Articles in Law

Pov: Scotus Should Not Permit “Boycott Of Same-Sex Marriage”, Linda C. Mcclain Dec 2017

Pov: Scotus Should Not Permit “Boycott Of Same-Sex Marriage”, Linda C. Mcclain

Faculty Scholarship

On December 5, 2017, the Supreme Court heard oral argument in Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which baker (self-described cake artist) Jack Phillips, owner of Masterpiece Cakeshop, asked the court to decide “whether applying Colorado’s public accommodations law to compel artists to create expression that violates their sincerely held religious beliefs about marriage violates the Free Speech or Free Exercise Clauses of the First Amendment.”


Equality, Sovereignty, And The Family In Morales-Santana, Kristin Collins Nov 2017

Equality, Sovereignty, And The Family In Morales-Santana, Kristin Collins

Faculty Scholarship

In Sessions v. Morales-Santana, 3 the Supreme Court encountered a body of citizenship law that has long relied on family membership in the construction of the nation’s borders and the composition of the polity.4 The particular statute at issue in the case regulates the transmission of citizenship from American parents to their foreign-born children at birth, a form of citizenship known today as derivative citizenship.5 When those children are born outside marriage, the derivative citizenship statute makes it more difficult for American fathers, as compared with American mothers, to transmit citizenship to their foreign-born children.6 Over …


Cutting Through: Thirteen Ways Of Looking At Justice Stevens, Abner S. Greene Jan 2017

Cutting Through: Thirteen Ways Of Looking At Justice Stevens, Abner S. Greene

Faculty Scholarship

No abstract provided.


Contemplating Masterpiece Cakeshop, Terri R. Day Jan 2017

Contemplating Masterpiece Cakeshop, Terri R. Day

Faculty Scholarship

No abstract provided.


Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel Jan 2017

Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel

Faculty Scholarship

Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the “percolation” of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and other …