Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Supreme Court of the United States (173)
- Courts (75)
- Constitutional Law (52)
- Legal Biography (39)
- Legal History (32)
-
- Jurisprudence (24)
- Law and Politics (24)
- Civil Rights and Discrimination (21)
- Criminal Procedure (15)
- Law and Society (14)
- Law and Race (12)
- Administrative Law (8)
- President/Executive Department (8)
- Legal Education (7)
- Legal Writing and Research (7)
- Legislation (7)
- Social and Behavioral Sciences (6)
- State and Local Government Law (6)
- Civil Procedure (5)
- Common Law (5)
- Criminal Law (5)
- First Amendment (5)
- Fourteenth Amendment (5)
- Jurisdiction (5)
- Public Law and Legal Theory (4)
- Securities Law (4)
- Election Law (3)
- Environmental Law (3)
- Institution
-
- University of Michigan Law School (108)
- William & Mary Law School (30)
- Pepperdine University (19)
- University of Colorado Law School (18)
- Maurer School of Law: Indiana University (13)
-
- Selected Works (11)
- Touro University Jacob D. Fuchsberg Law Center (6)
- Georgetown University Law Center (3)
- West Virginia University (3)
- Duke Law (2)
- St. Mary's University (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of New Hampshire (2)
- Arcadia University (1)
- Cleveland State University (1)
- Golden Gate University School of Law (1)
- Marquette University Law School (1)
- Mitchell Hamline School of Law (1)
- Notre Dame Law School (1)
- SJ Quinney College of Law, University of Utah (1)
- University of Montana (1)
- University of Oklahoma College of Law (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- University of the District of Columbia School of Law (1)
- University of the Pacific (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Michigan Law Review (44)
- Articles (42)
- Pepperdine Law Review (18)
- Publications (18)
- Supreme Court Preview (15)
-
- Articles by Maurer Faculty (7)
- Indiana Law Journal (6)
- Reviews (6)
- Touro Law Review (5)
- William & Mary Law Review (5)
- Faculty Publications (4)
- Michigan Journal of Race and Law (4)
- Neal E. Devins (4)
- Popular Media (4)
- University of Michigan Journal of Law Reform (4)
- Book Chapters (3)
- Georgetown Law Faculty Publications and Other Works (3)
- West Virginia Law Review (3)
- Charles H. Baron (2)
- Faculty Scholarship (2)
- Jeffrey Bellin (2)
- Law Faculty Scholarship (2)
- Michigan Journal of Environmental & Administrative Law (2)
- The Journal of Appellate Practice and Process (2)
- William & Mary Bill of Rights Journal (2)
- Aaron-Andrew P. Bruhl (1)
- Antioch Law Journal (1)
- Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16) (1)
- Cecil J. Hunt II (1)
- Cleveland State Law Review (1)
- Publication Type
- File Type
Articles 31 - 60 of 234
Full-Text Articles in Judges
Why The Burger Court Mattered, David A. Strauss
Why The Burger Court Mattered, David A. Strauss
Michigan Law Review
A review of Michael J. Graetz and Linda Greenhouse, The Burger Court and the Rise of the Judicial Right.
The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii
The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii
Cecil J. Hunt II
This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspective in constitutional race cases. Specifically, it looks at the Court's use of the rhetoric of White innocence in the context of the Court's concern with protecting "innocent" Whites …
Clerking For God’S Grandfather: Chauncey Belknap’S Year With Justice Oliver Wendell Holmes, Jr., Todd C. Peppers, Ira Brad Matetsky, Elizabeth R. Williams, Jessica Winn
Clerking For God’S Grandfather: Chauncey Belknap’S Year With Justice Oliver Wendell Holmes, Jr., Todd C. Peppers, Ira Brad Matetsky, Elizabeth R. Williams, Jessica Winn
Scholarly Articles
Most of what we know about law clerks comes from the clerks themselves, usually in the form of law review articles memorializing their Justices and their clerkships or in interviews with reporters and legal scholars. In a few instances, however, law clerks have contemporaneously memorialized their experiences in diaries. These materials provide a rare window into the insular world of the Court. While the recollections contained in the diaries are often infused with youthful hero worship for their employer—in contradistinction to Justice Oliver Wendell Holmes, Jr.’s claim that no man is a hero to his valet— they offer a real-time, …
Arguing With Friends, William Baude, Ryan D. Doerfler
Arguing With Friends, William Baude, Ryan D. Doerfler
Michigan Law Review
Judges sometimes disagree about the best way to resolve a case. But the conventional wisdom is that they should not be too swayed by such disagreement and should do their best to decide the case by their own lights. An emerging critique questions this view, arguing instead for widespread humility. In the face of disagreement, the argument goes, judges should generally concede ambiguity and uncertainty in almost all contested cases.
Both positions are wrong. Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue for a different approach: A judge ought to give significant weight to the …
Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes
St. Mary's Journal on Legal Malpractice & Ethics
In recent years, high profile disqualification disputes have caught the attention of the public. In each instance there has been an outcry when a presiding jurist was asked to recuse but declined. Unfortunately, even if the jurist explains his refusal to recuse, the reasons given often are unsatisfying and do little to quell suspicions of bias. Instead, litigants, the press, and the public question whether the jurist actually is unbiased and doubt the impartiality of the judiciary as a whole. This negative reaction to refusals to recuse is caused, at least in part, by politically charged circumstances that cause further …
Disrespectful Dissent: Justice Scalia's Regrettable Legacy Of Incivility, J. Lyn Entrikin
Disrespectful Dissent: Justice Scalia's Regrettable Legacy Of Incivility, J. Lyn Entrikin
The Journal of Appellate Practice and Process
No abstract provided.
Section 2: Trump And The Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Trump And The Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
"The Stepford Justices": The Need For Experiential Diversity On The Roberts Court, Timothy P. O'Neill
"The Stepford Justices": The Need For Experiential Diversity On The Roberts Court, Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Rethinking Criminal Contempt, John A.E. Pottow, Jason S. Levin
Rethinking Criminal Contempt, John A.E. Pottow, Jason S. Levin
Articles
It is of course too early to tell whether we are in a new era of bankruptcy judge (dis)respectability. Only time will tell. But this Article performs a specific case study, on one discrete area of bankruptcy court authority, based upon a particular assumption in that regard. The assumption is this: certain high-salience judicial events-here, the recent Supreme Court bankruptcy judge decisions, coupled with earlier constitutional precedents involving the limits of Article III-can trigger overreaction and hysteria. Lower courts may read these Supreme Court decisions as calling into question the permissibility of certain bankruptcy court practices under the Constitution, and …
Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins
Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins
Popular Media
No abstract provided.
Clarence Thomas The Questioner, Ronnell Anderson Jones
Clarence Thomas The Questioner, Ronnell Anderson Jones
Utah Law Faculty Scholarship
One of Justice Clarence Thomas’s most remarked upon characteristics is his reluctance to ask questions during oral argument. Many have criticized him for his silence. Others defend his silence, noting, for instance, that historically oral argument played a much less significant role and that the Justice’s written opinions speak for themselves. What has been overlooked in this debate, however, is the fact that Justice Thomas is talented at asking questions. Indeed, in many ways, he is a model questioner. Drawing on the most comprehensive collection of Thomas’s oral argument questions ever compiled, we urge the Justice to ask more questions …
From Warren To Burger: Race Relations Inside The Court, Robert Fabrikant
From Warren To Burger: Race Relations Inside The Court, Robert Fabrikant
Mitchell Hamline Law Review
No abstract provided.
How Conservative Justices Are Undertermining Our Democracy (Or What's At Stake In Choosing Justice Scalia, Alan E. Garfield
How Conservative Justices Are Undertermining Our Democracy (Or What's At Stake In Choosing Justice Scalia, Alan E. Garfield
Indiana Law Journal
In this essay, Professor Garfield contends that the conservative justices on the Supreme Court have allowed elected officials to manipulate laws to entrench themselves in office and to disenfranchise voters who threaten their power. The justices’ unwillingness to curb these abuses has largely redounded to the benefit of the Republican Party because Republicans control the majority of state legislatures and have used this power to gerrymander legislative districts and to enact voter‑suppressive laws such as voter ID laws. With Justice Antonin Scalia’s unexpected passing during the administration of a Democratic president, the conservatives’ control of the Court has been put …
Judges’ Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss
Publications
No abstract provided.
The Sec, Administrative Usurpation, And Insider Trading, Adam C. Pritchard
The Sec, Administrative Usurpation, And Insider Trading, Adam C. Pritchard
Articles
The history of insider trading law is a tale of administrative usurpation and legislative acquiescence. Congress has never enacted a prohibition against insider trading, much less defined it. Instead, the SEC has led in defining insider trading, albeit without the formality of rulemaking, and subject to varying degrees of oversight by the courts. The reason why lies in the deference that the Supreme Court gave to the SEC in its formative years. The roots of insider trading law are commonly traced to the SEC’s decision in Cady, Roberts & Co. Cady, Roberts was only made possible, however, by the …
Access To Justice?: A Study Of Access Restrictions On The Papers Of U.S. Supreme Court Justices, Susan David Demaine, Benjamin J. Keele
Access To Justice?: A Study Of Access Restrictions On The Papers Of U.S. Supreme Court Justices, Susan David Demaine, Benjamin J. Keele
Articles by Maurer Faculty
For scholars of law, history, and government—and the American public—the papers of all Supreme Court Justices are of vital importance. They contribute to biographies, histories, and legal critiques. Our understanding of the Court and its decisions is enriched by access to the thinking of the justices. In turn, this knowledge informs our views on our laws and social order and helps shape the future of our legal, political, and even moral culture. Despite the importance of these papers, many justices who have donated their papers in the past 75 years or so have placed restrictions on access to the collection. …
Thin Rationality Review, Jacob Gersen, Adrian Vermeule
Thin Rationality Review, Jacob Gersen, Adrian Vermeule
Michigan Law Review
Under the Administrative Procedure Act, courts review and set aside agency action that is “arbitrary [and] capricious.” In a common formulation of rationality review, courts must either take a “hard look” at the rationality of agency decisionmaking, or at least ensure that agencies themselves have taken a hard look. We will propose a much less demanding and intrusive interpretation of rationality review—a thin version. Under a robust range of conditions, rational agencies have good reason to decide in a manner that is inaccurate, nonrational, or arbitrary. Although this claim is seemingly paradoxical or internally inconsistent, it simply rests on an …
Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin
Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin
Popular Media
No abstract provided.
How Merrick Garland Could Help Heal America, Jeffrey Bellin
How Merrick Garland Could Help Heal America, Jeffrey Bellin
Popular Media
No abstract provided.
Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins
Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins
Popular Media
No abstract provided.
The Good, The Bad, And The Ugly: Reflections Of A Counterclerk, Gil Seinfeld
The Good, The Bad, And The Ugly: Reflections Of A Counterclerk, Gil Seinfeld
Michigan Law Review First Impressions
Everyone has strong feelings about Justice Scalia. Lionized by the political right and demonized by the left, he has been among the most polarizing figures in American public life over the course of the last halfcentury. It is hardly surprising, then, that in the weeks since Justice Scalia’s death, the public discourse surrounding his legacy has exhibited something of a split personality. There have, of course, been plenty of appropriately respectful—even admiring—tributes from some of the Justice’s ideological adversaries; and here and there one of the Justice’s champions has acknowledged, with a hint of lament, the acerbic quality of some …
What If?: Human Experience And Supreme Court Decision Making On Criminal Justice, Christopher E. Smith
What If?: Human Experience And Supreme Court Decision Making On Criminal Justice, Christopher E. Smith
Marquette Law Review
None
Extralegal Supreme Court Policy-Making, Joëlle Anne Moreno
Extralegal Supreme Court Policy-Making, Joëlle Anne Moreno
William & Mary Bill of Rights Journal
The Colbert Report aired its final episode on December 18, 2014.1 Nine years earlier, on the first episode, Stephen Colbert coined the word “truthiness.” Truthiness satirized contemporary disinterest in empirical information in a country increasingly “divided between those who think with their head and those who know with their heart.” Truthiness was not just the Merriam-Webster word of the year. Over the past decade, it has been the unspoken mantra of reporters who give equal time to climate science denialists, faith healers, and vaccine refusers. When Justices of the Supreme Court decide questions of scientific or empirical fact—such as whether …
Fun With Administrative Law: A Game For Lawyers And Judges, Adam Babich
Fun With Administrative Law: A Game For Lawyers And Judges, Adam Babich
Michigan Journal of Environmental & Administrative Law
The practice of law is not a game. Administrative law in particular can implicate important issues that impact people’s health, safety, and welfare and change business’ profitability or even viability. Nonetheless, it can seem like a game. This is because courts rarely explain administrative law rulings in terms of the public purposes and policies at issue in lawsuits. Instead, the courts’ administrative law opinions tend to turn on arcane interpretive doctrines with silly names, such as the “Chevron two-step” or “Chevron step zero.” To advance doctrinal arguments, advocates and courts engage in linguistic debates that resemble a smokescreen—tending to obscure …
Six Overrulings, Andrew Koppelman
Six Overrulings, Andrew Koppelman
Michigan Law Review
John Paul Stevens, who retired in 2010 at the age of ninety after more than thirty-four years on the Supreme Court, has capped his astoundingly distinguished career by becoming an important public intellectual. He reviews books, gives high-profile interviews, wrote a memoir of the chief justices he has known, and has now written a second book. Six Amendments revisits half a dozen old, lost battles. Stevens appeals over the heads of his colleagues to a higher authority: the public. Now that he is off the Court, Stevens explains why six decisions in which he dissented should be overruled by constitutional …
A Conversation With Ruth Bader Ginsburg, Associate Justice Of The Supreme Court Of The United States, University Of Michigan Law School
A Conversation With Ruth Bader Ginsburg, Associate Justice Of The Supreme Court Of The United States, University Of Michigan Law School
Event Materials
Program for the 2015 Tanner Lecture on Human Values on February 6, 2015, sponsored by the University of Michigan Law School and the University of Michigan LSA Department of Philosophy.
Following Lower-Court Precedent, Aaron-Andrew P. Bruhl
Following Lower-Court Precedent, Aaron-Andrew P. Bruhl
Faculty Publications
This Article examines the role of lower-court precedent in the US Supreme Court’s decisions. The Supreme Court is rarely the first court to consider a legal question, and therefore the Court has the opportunity to be informed by and perhaps even persuaded by the views of the various lower courts that have previously addressed the issue. This Article considers whether the Court should give weight to lower-court precedent as a matter of normative theory and whether the Court in fact does so as a matter of practice. To answer the normative question, this Article analyzes a variety of potential reasons …
Some Kind Of Judge: Henry Friendly And The Law Of Federal Courts, Aaron P. Brecher
Some Kind Of Judge: Henry Friendly And The Law Of Federal Courts, Aaron P. Brecher
Michigan Law Review
Uberfans of the federal judiciary owe a lot to David Dorsen. His illuminating biography of Judge Henry Friendly is a fitting tribute to the contributions of a jurist that many consider to be among the finest judges never to sit on the U.S. Supreme Court. Judicial biography is a difficult genre to do well, and most authors choose to focus on Supreme Court justices. But Henry Friendly, Greatest Judge of His Era is an excellent source of information on Friendly’s life and, far more important, his views on the law and his relationships with some of the most fascinating figures …
Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen
Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen
Book Chapters
If the Supreme Court mythologizes Blackstone, it is equally true that Blackstone himself was engaged in something of a mythmaking project. Far from a neutral reporter, Blackstone has some stories to tell, in particular the story of the hero law. The problems associated with using the Commentaries as a transparent window on eighteenth-century American legal norms, however, do not make Blackstone’s text irrelevant today. The chapter concludes with my brief reading of the Commentaries as a critical mirror of some twenty-first-century legal and social structures. That analysis draws on a long-term project, in which I am making my way through …
Justice Scalia's Truthiness And The Virtues Of Judicial Center, Allen K. Rostron
Justice Scalia's Truthiness And The Virtues Of Judicial Center, Allen K. Rostron
Indiana Law Journal
Antonin Scalia is by far the Supreme Court’s greatest wit and most colorful personality. When I choose audio clips from the Court’s oral arguments to play in my constitutional law classes, I would like to offer a balanced sample of views from the left and right sides of the Court. But I cannot resist loading up on Scalia sound bites, because in almost every major case he serves up the sharpest questioning and most imaginative hypotheticals. His judicial opinions are also remarkably passionate and frank. If he thinks a lawyer’s or even a fellow Justice’s argument is nonsense, he will …