Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Supreme Court of the United States (67)
- Constitutional Law (64)
- Judges (34)
- Courts (20)
- First Amendment (18)
-
- Criminal Law (17)
- Civil Rights and Discrimination (14)
- Law and Society (13)
- Legal History (11)
- Jurisprudence (10)
- Law and Philosophy (9)
- Law and Politics (9)
- Fourteenth Amendment (8)
- Intellectual Property Law (8)
- Political Science (8)
- Social and Behavioral Sciences (8)
- Legal Profession (7)
- State and Local Government Law (7)
- Criminal Procedure (6)
- Jurisdiction (6)
- Legal Writing and Research (6)
- President/Executive Department (6)
- Civil Procedure (5)
- Immigration Law (5)
- Law and Gender (5)
- Legal Biography (5)
- Religion Law (5)
- American Politics (4)
- Fourth Amendment (4)
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (20)
- Selected Works (19)
- University of Richmond (15)
- Roger Williams University (11)
- Duquesne University (9)
-
- Loyola Marymount University and Loyola Law School (7)
- The University of Akron (6)
- University of Georgia School of Law (6)
- Chicago-Kent College of Law (5)
- New York Law School (4)
- St. Mary's University (4)
- University of Cincinnati College of Law (4)
- Boston University School of Law (3)
- Penn State Dickinson Law (3)
- University of Miami Law School (3)
- American University Washington College of Law (2)
- Claremont Colleges (2)
- Cleveland State University (2)
- Eastern Illinois University (2)
- Georgetown University Law Center (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- Dordt University (1)
- Florida State University College of Law (1)
- Gettysburg College (1)
- Northern Illinois University (1)
- Notre Dame Law School (1)
- Pace University (1)
- Penn State Law (1)
- Pepperdine University (1)
- Southern Methodist University (1)
- Publication
-
- Touro Law Review (19)
- Erwin Chemerinsky (13)
- University of Richmond Law Review (11)
- Hallowed Secularism (9)
- Loyola of Los Angeles Law Review (7)
-
- Scholarly Works (7)
- Akron Law Review (5)
- Law School Blogs (5)
- Chicago-Kent Journal of Intellectual Property (4)
- Faculty Articles and Other Publications (4)
- Faculty Scholarship (4)
- Law Faculty Publications (4)
- Life of the Law School (1993- ) (4)
- Dickinson Law Review (2017-Present) (3)
- Articles & Chapters (2)
- Cleveland State Law Review (2)
- Faculty Articles (2)
- Other Publications (2)
- Political Science Faculty Publications (2)
- The Eastern Illinois University Political Science Review (2)
- The Journal of Appellate Practice and Process (2)
- The Scholar: St. Mary's Law Review on Race and Social Justice (2)
- University of Miami Law Review (2)
- Alan E Garfield (1)
- All Faculty Scholarship (1)
- American University Journal of Gender, Social Policy & the Law (1)
- Arbitration Law Review (1)
- Articles (1)
- Articles in Law Reviews & Other Academic Journals (1)
- CMC Senior Theses (1)
- Publication Type
Articles 121 - 150 of 150
Full-Text Articles in Law
Sunlight And Shadows: Louis D. Brandeis On Privacy, Publicity, And Free Expression In American Democracy, Erin Coyle
Sunlight And Shadows: Louis D. Brandeis On Privacy, Publicity, And Free Expression In American Democracy, Erin Coyle
Touro Law Review
No abstract provided.
Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow
Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow
Touro Law Review
No abstract provided.
Louis Brandeis’S Vision Of Light And Justice As Articulated On The Side Of A Coffee Mug, Randy Lee
Louis Brandeis’S Vision Of Light And Justice As Articulated On The Side Of A Coffee Mug, Randy Lee
Touro Law Review
No abstract provided.
A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis D. Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab
A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis D. Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab
Touro Law Review
No abstract provided.
Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney
Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney
Touro Law Review
No abstract provided.
Privacy And Conformity: Rethinking “The Right Most Valued By Civilized Men”, Susan E. Gallagher
Privacy And Conformity: Rethinking “The Right Most Valued By Civilized Men”, Susan E. Gallagher
Touro Law Review
No abstract provided.
Louis Brandeis’S Arc Of Moral Justice, Katherine A. Helm
Louis Brandeis’S Arc Of Moral Justice, Katherine A. Helm
Touro Law Review
No abstract provided.
A Progressive Mind: Louis D. Brandeis And The Origins Of Free Speech, Elizabeth Todd Byron
A Progressive Mind: Louis D. Brandeis And The Origins Of Free Speech, Elizabeth Todd Byron
Touro Law Review
No abstract provided.
Indecency Four Years After Fox Television Stations: From Big Papi To A Porn Star, An Egregious Mess At The Fcc Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, Tershone Phillips
Indecency Four Years After Fox Television Stations: From Big Papi To A Porn Star, An Egregious Mess At The Fcc Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, Tershone Phillips
University of Richmond Law Review
Using the WDBJ case as an analytical springboard, this article examines the tumultuous state of the FCC's indecency enforcement regime more than three years after the Supreme Court's June 2012 opinion in Fox Television Stations. Part I of this article briefly explores the missed First Amendment opportunities in Fox Television Stations, as well as some possible reasons why the Supreme Court chose to avoid the free-speech questions in that case." Part II addresses the FCC's decision in September 2012 to target only egregious instances of broadcast indecency and, in the process, to jettison hundreds of thousands of complaints that had …
Dizzying Gillespie: The Exaggerated Death Of The Balancing Approach And The Inescapable Allure Of Flexibility In Appellate Jurisdiction, Bryan Lammon
University of Richmond Law Review
In Part I, I provide necessary background on the current re- gime of federal appellate jurisdiction before turning to the rise and fall of Gillespie and the balancing approach. Part I concludes by explaining how inconsistent Gillespie and the balancing approach are with the Supreme Court's current approach to appellate jurisdiction. Part II turns to five areas in which the balancing approach persists in the courts of appeals and demonstrates the influence of the balancing approach, and the often case-by-case nature of decision-making, in each of these areas. And in Part III, I explore the implications of the balancing approach's …
Scotus Denies Review In Gay Rights Case, Arthur S. Leonard
Scotus Denies Review In Gay Rights Case, Arthur S. Leonard
Other Publications
No abstract provided.
The Modern Class Action Rule: Its Civil Rights Roots And Relevance Today, Suzette M. Malveaux
The Modern Class Action Rule: Its Civil Rights Roots And Relevance Today, Suzette M. Malveaux
Publications
The modern class action rule recently turned fifty years old — a golden anniversary. However, this milestone is marred by an increase in hate crimes, violence and discrimination. Ironically, the rule is marking its anniversary within a similarly tumultuous environment as its birth — the civil rights movement of the 1960’s. This irony calls into question whether this critical aggregation device is functioning as the drafters intended. This article makes three contributions.
First, the article unearths the rule’s rich history, revealing how the rule was designed in 1966 to enable structural reform and broad injunctive relief in civil rights cases. …
The Wrong Decision At The Wrong Time: Utah V. Strieff In The Era Of Aggressive Policing, Julian A. Cook
The Wrong Decision At The Wrong Time: Utah V. Strieff In The Era Of Aggressive Policing, Julian A. Cook
Scholarly Works
On June 20, 2016, the United States Supreme Court held in Utah v. Strieff that evidence discovered incident to an unconstitutional arrest of an individual should not be suppressed given that the subsequent discovery of an outstanding warrant attenuated the taint from the unlawful detention. Approximately two weeks later the issue of aggressive policing was again thrust into the national spotlight when two African-American individuals — Alton Sterling and Philando Castile — were killed by policemen in Baton Rouge, Louisiana and Falcon Heights, Minnesota, respectively, under questionable circumstances. Though connected by proximity in time, this article will demonstrate that these …
Chevron Is A Rorschach Test Ink Blot, Jack M. Beermann
Chevron Is A Rorschach Test Ink Blot, Jack M. Beermann
Faculty Scholarship
I agree with Alan Morrison that, in some circumstances, courts should defer to legal determinations made by administrative agencies. I disagree, however, with Alan’s view that Chevron provides a suitable framework for such deference. It really boils down to my disagreement with the first sentence of Alan’s article: “In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., the Supreme Court unanimously adopted an approach to interpreting federal statutes under which the courts are required to give substantial deference to the interpretations by the administrative agencies that enforce them.”1 In fact, the Supreme Court adopted nothing in Chevron related to …
How Much Has The Supreme Court Changed Patent Law?, Paul Gugliuzza
How Much Has The Supreme Court Changed Patent Law?, Paul Gugliuzza
Faculty Scholarship
The U.S. Supreme Court has decided a remarkable number of patent cases in the past decade, particularly as compared to the first twenty years of the Federal Circuit’s existence. No longer is the Federal Circuit “the de facto Supreme Court of patents,” as Mark Janis wrote in 2001. Rather, it seems the Supreme Court is the Supreme Court of patents. In the article at the center of this symposium, Judge Timothy Dyk of the Federal Circuit writes that the Supreme Court’s decisions “have had a major impact on patent law,” citing, among other evidence, the Court’s seventy percent reversal rate …
Judicial Departmentalism: An Introduction, Kevin C. Walsh
Judicial Departmentalism: An Introduction, Kevin C. Walsh
Law Faculty Publications
This Article introduces the idea of judicial departmentalism and argues for its superiority to judicial supremacy. Judicial supremacy is the idea that the Constitution means for everybody what the Supreme Court says it means in deciding a case. Judicial departmentalism, by contrast, is the idea that the Constitution means in the judicial department what the Supreme Court says it means in deciding a case. Within the judicial department, the law of judgments, the law of remedies, and the law of precedent combine to enable resolutions by the judicial department to achieve certain kinds of settlements. Judicial departmentalism holds that these …
Confirming Supreme Court Justices In A Presidential Election Year, Carl W. Tobias
Confirming Supreme Court Justices In A Presidential Election Year, Carl W. Tobias
Law Faculty Publications
Justice Antonin Scalia’s death prompted United States Senate Majority Leader Mitch McConnell (R-Ky.) and Judiciary Committee Chair Chuck Grassley (R-Iowa) to argue that the President to be inaugurated on January 20, 2017—not Barack Obama—must fill the empty Scalia post. Obama in turn expressed sympathy for the Justice’s family and friends, lauded his consummate public service, and pledged to nominate a replacement “in due time,” contending that eleven months remained in his administration for confirming a worthy successor. Obama admonished that the President had a constitutional duty to nominate a superlative aspirant to the vacancy, which must not have persisted for …
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade
Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade
Scholarly Works
Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court’s jurisprudence across a range of substantive and procedural challenges over the last fifteen years increases or preserves structural opportunities for equitable balancing at multiple levels in the deportation process. Notably, the Court has endorsed decision makers’ consideration of the normative justifiability of deportation even where noncitizens have a criminal history or lack a formal path to lawful status. …
Justice Stevens, The Writer, Sonja R. West
Justice Stevens, The Writer, Sonja R. West
Scholarly Works
In any discussion about United States Supreme Court Justice John Paul Stevens, you're likely to hear him labeled in a variety of ways--as a brilliant “judge's judge,” the highly successful leader of the Court's more liberal wing, the prolific “maverick,” and a shrewd questioner from the bench. You might also hear him described simply as a polite and humble Midwesterner, bow-tie aficionado and diehard Cubs fan. Yet while Justice Stevens is and was all of these things, there is another important title he richly deserves yet often does not receive--Justice Stevens, the excellent writer.
This essay strives to close that …
Is Love A Battlefield? The New Politics Of Marriage Equality In The Aging War On Terror, Jackie Givelber
Is Love A Battlefield? The New Politics Of Marriage Equality In The Aging War On Terror, Jackie Givelber
Scripps Senior Theses
When Donald Trump took the stage as the Republican presidential nominee at the Republican National Convention in July 2016, he made a historical appeal to LGBTQ Americans: to the boisterous applause of a Republican audience, he promised "to protect LGBTQ citizens from the violence and oppression of a hateful foreign ideology." Utilizing this historical moment as an indicator of shifting political views around LGBTQ rights in the Republican Party and the US nation-state as a whole, this paper links contemporary iterations of the War on Terror to the legalization of same-sex marriage in June 2015. Connecting same-sex marriage to the …
From Law Reform To Lived Justice: Marriage Equality, Personal Praxis, And Queer Normativity In The United States, Francisco Valdes
From Law Reform To Lived Justice: Marriage Equality, Personal Praxis, And Queer Normativity In The United States, Francisco Valdes
Articles
No abstract provided.
The Supreme Court’S Devaluation Of U.S. Patents, Christopher M. Holman
The Supreme Court’S Devaluation Of U.S. Patents, Christopher M. Holman
Faculty Works
In a span of three weeks during the spring of 2017, the U.S. Supreme Court issued three patent decisions, bringing the total number of patent decisions for the 2016-2017 term to six. This means that the October 2016 term ties the previous record of six patent decisions in the October 2014 term. This represents a tremendous increase in the number of patent decisions compared to earlier times, and particularly the early days of the Federal Circuit. For reference, during the first quarter of a century the Federal Circuit was in existence, the Supreme Court heard on average less than one …
The Noteworthy Absence Of Women Advocates At The United States Supreme Court, Jennifer Crystal Mika
The Noteworthy Absence Of Women Advocates At The United States Supreme Court, Jennifer Crystal Mika
American University Journal of Gender, Social Policy & the Law
No abstract provided.
More Than Words, Rachel H. Smith
More Than Words, Rachel H. Smith
Faculty Publications
(Excerpt)
What a delight it is to spend time with Justice Ginsburg’s singular voice. She is the best kind of teacher and writer: humane, principled, funny, gracious, openhearted, and direct. I felt deeply glad to have this chance to know her a little better—to study the rhythm of her words, the quirks of her personality, the motifs of her life story. As I read My Own Words, I couldn’t help but think over and over, Thank goodness for this remarkable person.
Ensuring The Constitution Remains Color Blind Vs. Turning A Blind Eye To Justice: Equal Protection And Affirmative Action In University Admissions, Attashin Safari
Ensuring The Constitution Remains Color Blind Vs. Turning A Blind Eye To Justice: Equal Protection And Affirmative Action In University Admissions, Attashin Safari
Loyola of Los Angeles Law Review
No abstract provided.
The Other Rights Revolution: Conservative Lawyers And The Remaking Of American Government (Book Review), Michael Ariens
The Other Rights Revolution: Conservative Lawyers And The Remaking Of American Government (Book Review), Michael Ariens
Faculty Articles
No abstract provided.
Religious Freedom And Recycled Tires: The Meaning And Implications Of Trinity Lutheran, Richard W. Garnett, Jackson C. Blais
Religious Freedom And Recycled Tires: The Meaning And Implications Of Trinity Lutheran, Richard W. Garnett, Jackson C. Blais
Journal Articles
The Supreme Court's decision in Trinity Lutheran clearly affirmed a First Amendment rule against anti-religious discrimination. At the same time, it raised or left open a number of important and interesting questions about education reform, the relevance of anti-Catholic bias to states' so-called Blaine Amendments, and the sharpening tension between religious freedom and the application of antidiscrimination laws.
Supreme Court Of The United States, October Term 2017 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Of The United States, October Term 2017 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman
The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman
The Scholar: St. Mary's Law Review on Race and Social Justice
This Article criticizes the 2016 Texas Supreme Court school finance decision, the latest of seven decisions starting in 1989, for its disregard of both the record in the case and the realities of the Texas Constitution and Texas politics. The Article also focuses on how standards for reviewing legislation have changed and the Texas Supreme Court's irrational and unfounded retreat to the "money doesn't make a difference" theory of school finance. Finally, the Article recommends a return to an objective, comprehensible, enforceable and constitutional system of review, and concludes with a prayer for holdings that recognize the inequities of the …