Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (4)
- Courts (4)
- Civil Rights and Discrimination (3)
- Jurisprudence (3)
- Law and Gender (2)
-
- Law and Politics (2)
- Law and Society (2)
- Legal History (2)
- Legislation (2)
- Social and Behavioral Sciences (2)
- Supreme Court of the United States (2)
- Civil Procedure (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Economics (1)
- Fourteenth Amendment (1)
- Inequality and Stratification (1)
- Jurisdiction (1)
- Law and Race (1)
- Political Economy (1)
- Public Law and Legal Theory (1)
- Social Justice (1)
- Sociology (1)
- State and Local Government Law (1)
- Institution
- Publication
- Publication Type
- File Type
Articles 1 - 6 of 6
Full-Text Articles in Judges
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Rights Without Remedies, Adam Lamparello
Rights Without Remedies, Adam Lamparello
Adam Lamparello
The Court should modify the standing doctrine in some contexts for the same reason that, in Shelby County, it invalidated two provisions of the Voting Rights Act: the legislature cannot and will not fix the problem. No legal doctrine should be applied without examining whether elected representatives are capable of remedying specific harms and accounting for the relative unfairness in democratic governance. When the traditional standing requirements are rigidly applied without considering these factors, the Court undermines the separation of powers and prevents sound judicial decision-making. In essence, rigid application of the standing doctrine sends a message to litigants …
The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.
The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.
Articles
Racial minorities have achieved unparalleled electoral success in recent years. Simultaneously, they have continued to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Social conservatives, including those on the Supreme Court, have latched onto evidence of isolated electoral success as proof of “post-racialism,” while ignoring the evidence of continued disparities for the vast majority of people of color.
This Essay will examine the tension between the Court's conservatives' repeated calls for minorities to achieve their goals through the political process and the Supreme Court's increasingly restrictive "colorblind" …
Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman
Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman
Articles
No matter how judges are selected, sooner or later some unfortunate candidate will be labeled a "judicial activist." One has to wonder: Does the term have any identifiable core meaning? Or is it just an all-purpose term of opprobrium, reflecting whatever brand of judicial behavior the speaker regards as particularly pernicious? Implicit in this question are several important issues about the role of courts in our democratic society.
I take my definition from Judge Richard Posner, who describes activist decisions as those that expand judicial power over other branches of the national government or over state governments. Unlike other uses …
Prospective Overruling And The Revival Of ‘Unconstitutional' Statutes, William Michael Treanor, Gene B. Sperling
Prospective Overruling And The Revival Of ‘Unconstitutional' Statutes, William Michael Treanor, Gene B. Sperling
Georgetown Law Faculty Publications and Other Works
The Supreme Court's decision in Planned Parenthood v. Casey reshaped the law of abortion in this country. The Court overturned two of its previous decisions invalidating state restrictions on abortions, Thornburgh v. American College of Obstetricians and Gynecologists and Akron v. Akron Center for Reproductive Health, and it abandoned the trimester analytic framework established in Roe v. Wade. At the time Casey was handed down, twenty states had restrictive abortion statutes on the books that were in conflict with Akron or Thornburgh and which were unenforced. In six of these states, courts had held the statutes unconstitutional. Almost …