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Articles 1 - 8 of 8
Full-Text Articles in Law
Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, And The Consequences Of Returning The Constitution To Elected Government, Neal Devins
Neal E. Devins
No abstract provided.
Factual Precedents, Allison Orr Larsen
Factual Precedents, Allison Orr Larsen
Allison Orr Larsen
Lawyers and judges speak to each other in a language of precedents—decisions from cases that have come before. The most persuasive precedent to cite, of course, is an on-point decision of the U.S. Supreme Court. But Supreme Court opinions are changing. They contain more factual claims about the world than ever before, and those claims are now rich with empirical data. This Supreme Court factfinding is also highly accessible; fast digital research leads directly to factual language in old cases that is perfect for arguments in new ones. An unacknowledged consequence of all this is the rise of what I …
Due Process Pringle V. Wolfe (Decided 28, 1996)
Due Process Pringle V. Wolfe (Decided 28, 1996)
Touro Law Review
No abstract provided.
Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein
Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein
Law School Blogs
No abstract provided.
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
Journal Articles
Courtroom sentencing, as part of the judicial process, is a long-standing norm in the justice system of the United States. But this basic criminal law precept is currently under quiet attack. This is because some states are now allowing parole boards to step in to decide criminal penalties without first affording defendants lawful judicial branch sentencing proceedings and sentences. These outside-of-court punishment decisions are occurring in the cases of youthful offenders entitled to sentencing relief under Miller v. Alabama, which outlawed automatic life-without-parole sentences for children. Thus, some Miller-impacted defendants are being sentenced by paroleboards as executive branch agents, rather …
Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell
Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank
Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank
All Faculty Scholarship
Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as …
Symposium: This Case Is Moot, Jessica Bulman-Pozen, Adam Samaha
Symposium: This Case Is Moot, Jessica Bulman-Pozen, Adam Samaha
Faculty Scholarship
Forget guns for a moment. Imagine that, once upon a time, Boca Raton had a rule that prohibited its residents from transporting their golf clubs to driving ranges outside the city. Boca’s finest golfers challenged the constitutionality of the rule in court. Now imagine that the city thought twice and repealed the rule and that Florida then passed a statute authorizing people to transport their clubs to the driving ranges of their choice. The golfers could live happily ever after.