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United States Supreme Court

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Articles 481 - 510 of 1940

Full-Text Articles in Law

Redeeming Erie: A Response To Suzanna Sherry , Donald Earl Childress Iii Aug 2012

Redeeming Erie: A Response To Suzanna Sherry , Donald Earl Childress Iii

Pepperdine Law Review

No abstract provided.


Wrong, Out Of Step, And Pernicious: Erie As The Worst Decision Of All Time, Suzanna Sherry Aug 2012

Wrong, Out Of Step, And Pernicious: Erie As The Worst Decision Of All Time, Suzanna Sherry

Pepperdine Law Review

This essay was written for “Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History.” A symposium on the worst Supreme Court decision of all time risks becoming an exercise best described by Claude Rains’s memorable line in Casablanca: “Round up the usual suspects.” Two things saved this symposium from that fate. First, each of the usual suspects was appointed defense counsel, which made things more interesting. Second, a new face found its way into the line-up: Erie Railroad v. Tompkins. My goal in this essay is to explain why Erie is in fact guiltier than all of ...


A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald Aug 2012

A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald

Pepperdine Law Review

A response to the article "Plessy v. Ferguson and the Anti-Canon," by Akhil Amar, published in the November 2011 issue of the "Pepperdine Law Review," is presented. Topics include an examination of Justice Henry Billings Brown's decision in the case, the constitutionality of segregating U.S. citizens by race, and the impact of public opinion on U.S. Supreme Court decisions.


Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar Aug 2012

Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar

Pepperdine Law Review

The article focuses on the U.S. Supreme Court case Plessy v. Ferguson, which dealt with the constitutionality of racial segregation in the U.S. Topics include the application of precedent in controversial U.S. Supreme Court cases, when the U.S. Constitution can overrule a court decision, and dissenting judicial opinions.


Coming To Terms With Dred Scott: A Response To Daniel A. Farber, Paul Finkelman Aug 2012

Coming To Terms With Dred Scott: A Response To Daniel A. Farber, Paul Finkelman

Pepperdine Law Review

When thinking about Dred Scott, the issue is not how do we “rehabilitate” the opinion. The goal of scholarship here is to understand the opinion, place it in the context of its own time, and explain its enduring significance. After that, we may praise or damn it, and rehabilitate it or condemn it. No one today likes the Dred Scott opinion or the result. But, this article argues that Professor Daniel A. Farber is so incensed by the opinion that he vastly overstates its historical significance including incorrectly blaming Chief Justice Taney for causing the Civil War. This article rejects ...


Anti-Canonical Considerations, Edward J. Larson Aug 2012

Anti-Canonical Considerations, Edward J. Larson

Pepperdine Law Review

No abstract provided.


Building The Federal Judiciary (Literally And Legally): The Monuments Of Chief Justices Taft, Warren And Rehnquist, Judith Resnik Jul 2012

Building The Federal Judiciary (Literally And Legally): The Monuments Of Chief Justices Taft, Warren And Rehnquist, Judith Resnik

Indiana Law Journal

The “federal courts” took on their now familiar contours over the course of the twentieth century. Three chief justices—William Howard Taft, Earl Warren, and William Rehnquist—played pivotal roles in shaping the institutional, jurisprudential, and physical premises. Taft is well known for promoting a building to house the U.S. Supreme Court and for launching the administrative infrastructure that came to govern the federal courts. Earl Warren’s name has become the shorthand for a jurisprudential shift from state toward federal authority; the Warren Court offered an expansive understanding of the role federal courts could play in enabling access ...


Workshop Text For Powerpoint: Unanimous Decisions Of The Supreme Court, Peter Aschenbrenner Jun 2012

Workshop Text For Powerpoint: Unanimous Decisions Of The Supreme Court, Peter Aschenbrenner

Peter J. Aschenbrenner

How can we explain so many unanimous decisions if justices of the United States Supreme Court are appointed by Presidents with different philosophies? Far more unanimous decisions occured in the interval 2000-2010 that would result from random decision-making.


Foreign Affairs Federalism And The Limits On Executive Power, Zachary D. Clopton Jun 2012

Foreign Affairs Federalism And The Limits On Executive Power, Zachary D. Clopton

Michigan Law Review First Impressions

On February 23 of this year, the Ninth Circuit Court of Appeals invalidated a California statute permitting victims of the Armenian genocide to file insurance claims, finding that the state's use of the label "Genocide" intruded on the federal government's conduct of foreign affairs. This decision, Movsesian v. Versicherung AG, addresses foreign affairs federalism—the division of authority between the states and the federal government. Just one month later, the Supreme Court weighed in on another foreign affairs issue: the separation of foreign relations powers within the federal government. In Zivotofsky v. Clinton, the Supreme Court ordered the ...


Assessing Divisibility In The Armed Career Criminal Act, Ted Koehler Jun 2012

Assessing Divisibility In The Armed Career Criminal Act, Ted Koehler

Michigan Law Review

When courts analyze whether a defendant's prior conviction qualifies as a "violent felony" under the Armed Career Criminal Act's "residual clause," they use a "categorical approach," looking only to the statutory language of the prior offense, rather than the facts disclosed by the record of conviction. But when a defendant is convicted under a "divisible" statute, which encompasses a broader range of conduct, only some of which would qualify as a predicate offense, courts may employ the "modified categorical approach." This approach allows courts to view additional documents to determine whether the jury convicted the defendant of the ...


Dubious Delegation: Article Iii Limits On Mental Health Treatment Decisions, Adam Teitelbaum Jun 2012

Dubious Delegation: Article Iii Limits On Mental Health Treatment Decisions, Adam Teitelbaum

Michigan Law Review

A common condition of supervised release requires a defendant, post-incarceration, to participate in a mental health treatment program. Federal district courts often order probation officers to make certain decisions ancillary to these programs. However Article III delegation doctrine places limits on such actions. This Note addresses the constitutionality of delegating the "treatment program" decision, in which a probation officer decides which type of treatment the defendant must undergo; the choice is often between inpatient treatment and other less restrictive alternatives. The resolution of this issue ultimately depends on whether this decision constitutes a "judicial act." Finding support in lower court ...


Table Annexed To Workshop Materials: Unanimous Decisions, Peter J. Aschenbrenner May 2012

Table Annexed To Workshop Materials: Unanimous Decisions, Peter J. Aschenbrenner

Peter J. Aschenbrenner

How can so many unanimous decisions result from the decision-making of judges appointed by Presidents of different parties? Decisions (2000-2010) are surveyed.


Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso May 2012

Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso

Pepperdine Law Review

No abstract provided.


Forgotten Supreme Court Abortion Cases: Drs. Hawker & Hurwitz In The Dock & Defrocked, Roy Lucas Apr 2012

Forgotten Supreme Court Abortion Cases: Drs. Hawker & Hurwitz In The Dock & Defrocked, Roy Lucas

Pepperdine Law Review

No abstract provided.


Conflicting Images Of Children In First Amendment Jurisprudence, David L. Tubbs Apr 2012

Conflicting Images Of Children In First Amendment Jurisprudence, David L. Tubbs

Pepperdine Law Review

No abstract provided.


Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen Apr 2012

Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen

Popular Media

No abstract provided.


Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger Apr 2012

Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger

Michigan Journal of Race and Law

The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend justification to the evil of class discrimination, even if it has to decline to rule in a case. Second, where there is persistent discrimination against a minority group, the Court must be similarly persistent in fighting it. Third, the Court needs to take ...


Towards A Balanced Approach For The Protection Of Native American Sacred Sites, Alex Tallchief Skibine Apr 2012

Towards A Balanced Approach For The Protection Of Native American Sacred Sites, Alex Tallchief Skibine

Michigan Journal of Race and Law

Protection of "sacred sites" is very important to Native American religious practitioners because it is intrinsically tied to the survival of their cultures, and therefore to their survival as distinct peoples. The Supreme Court in Oregon v. Smith held that rational basis review, and not strict scrutiny, was the appropriate level of judicial review when evaluating the constitutionality of neutral laws of general applicability even when these laws impacted one's ability to practice a religion. Reacting to the decision, Congress enacted the Relgious Freedom Restoration Act (RFRA), which reinstated the strict scrutiny test for challenges to neutral laws of ...


"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn Apr 2012

"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn

Indiana Law Journal

No abstract provided.


Standing Lessons: What We Can Learn When Conservative Plaintiffs Lose Under Article Iii Standing Doctrine, Heather Elliott Apr 2012

Standing Lessons: What We Can Learn When Conservative Plaintiffs Lose Under Article Iii Standing Doctrine, Heather Elliott

Indiana Law Journal

The Supreme Court’s Article III standing doctrine has plagued liberal groups for nearly forty years. Recently, however, the doctrine has blocked a number of conservative lawsuits opposing gay marriage, the 2010 health care law, and the expansion of federal funding for stem cell research.

What can we learn from these cases? Because contemporary criticisms of standing doctrine have usually come from the left and defenses from the right, it is commonplace to associate arguments for broad standing with left-wing political agendas.

But, as some scholars have shown, a version of narrow standing helped liberals protect New Deal legislation in ...


Why Twombly Is Good Law (But Poorly Drafted) And Iqbal Will Be Overturned, Luke Meier Apr 2012

Why Twombly Is Good Law (But Poorly Drafted) And Iqbal Will Be Overturned, Luke Meier

Indiana Law Journal

The conventional wisdom with regard to the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal is that these two cases work together to usher in a new era of pleading. This reading of the cases, however, is wrong. In reality, Twombly was a valid application of the uncontroversial principle that a complaint must describe the real-world events on which the suit is based with some degree of factual specificity. The Iqbal opinion, unfortunately, mangled this concept by applying it to a complaint that described the real-world events on which the suit was based with ...


Context And Trivia, Samuel Brenner Apr 2012

Context And Trivia, Samuel Brenner

Michigan Law Review

My academic mantra, writes Professor James C. Foster in the Introduction to BONG HiTS 4 JESUS: A Perfect Constitutional Storm in Alaska's Capital, which examines the history and development of the Supreme Court's decision in Morse v. Frederick, "[is] context, context, context" (p. 2). Foster, a political scientist at Oregon State University, argues that it is necessary to approach constitutional law "by situating the U.S. Supreme Court's ... doctrinal work within surrounding historical context, shorn of which doctrine is reduced to arid legal rules lacking meaning and significance" (p. 1). He seeks to do so in BONG ...


Ewing V. California: Upholding California's Three Strikes Law, Robert Clinton Peck Mar 2012

Ewing V. California: Upholding California's Three Strikes Law, Robert Clinton Peck

Pepperdine Law Review

No abstract provided.


Roundtable Discussion, Vikram Amar, Joan Biskupic, Douglas W. Kmiec, Jeffrey Rosen, Kenneth W. Starr, Kathleen M. Sullivan Mar 2012

Roundtable Discussion, Vikram Amar, Joan Biskupic, Douglas W. Kmiec, Jeffrey Rosen, Kenneth W. Starr, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.


The Roberts Court & The Business Cases, Kenneth W. Starr Mar 2012

The Roberts Court & The Business Cases, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


Free Speech, Kathleen M. Sullivan Mar 2012

Free Speech, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.


Criminal Justice, Vikram Amar Mar 2012

Criminal Justice, Vikram Amar

Pepperdine Law Review

No abstract provided.


The Roberts Court & Executive Power, Jeffrey Rosen Mar 2012

The Roberts Court & Executive Power, Jeffrey Rosen

Pepperdine Law Review

No abstract provided.


The Alito/O'Connor Switch, Joan Biskupic Mar 2012

The Alito/O'Connor Switch, Joan Biskupic

Pepperdine Law Review

No abstract provided.


Introduction To Symposium: An Enigmatic Court? Examining The Roberts Court As It Begins Year Three, Douglas W. Kmiec, Kenneth W. Starr Mar 2012

Introduction To Symposium: An Enigmatic Court? Examining The Roberts Court As It Begins Year Three, Douglas W. Kmiec, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.