Judges Commons^™

If You Can't Beat 'Em, Join 'Em: A Pragmatic Approach To Nonprecedential Opinions In The Federal Appellate Courts, Amy E. Sloan

All Faculty Scholarship

For many years, judges and academics have debated the pros and cons of non-precedential judicial opinions in the federal appellate courts. Although the utility, necessity, and advisability of non-precedential opinions remain interesting issues to debate, at this point they are somewhat beside the point. Academics have lost the debate on non-precedential opinions. Judges control whether non-precedential opinions are permissible, and judges are not going to give them up anytime soon.

So, as the saying goes, if you can't beat 'em, join 'em. Rather than continue to debate the merits of non-precedential opinions, the better course of action is to find …

Judicial Supremacy, Judicial Activism: Cooper V. Aaron And Parents Involved, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.

Detention And Interrogation In The Post-9/11 World, Kermit Roosevelt Iii

All Faculty Scholarship

Our detention and interrogation policies in the wake of the terrorist attacks of 9/11 have been a disaster. This paper, delivered as a Donahue Lecture at Suffolk University Law School in February 2008, explores the dimensions and source of that disaster. It first offers a clear and intelligible narrative of the construction and implementation of executive detention and interrogation policy and then analyzes the roles played by the different branches of government and the American people in order to understand how we have ended up in our current situation.