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Full-Text Articles in Jurisprudence
Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Lisa T. Mcelroy, Michael C. Dorf
Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Lisa T. Mcelroy, Michael C. Dorf
Cornell Law Faculty Publications
In the fall of 2010, Senator Patrick Leahy introduced a bill that would have overridden a New Deal-era federal statute forbidding retired Justices from serving by designation on the Supreme Court of the United States. The Leahy bill would have authorized the Court to recall willing retired Justices to substitute for recused Justices. This Article uses the Leahy bill as a springboard for considering a number of important constitutional and policy questions, including whether the possibility of 4-4 splits justifies the substitution of a retired Justice for an active one; whether permitting retired Justices to substitute for recused Justices would …
In Search Of Parity: Child Custody/Visitation And Child Support For Lesbian Couples Under “Companion” Cases Debra H. And In Re H.M., Jason C. Beekman
In Search Of Parity: Child Custody/Visitation And Child Support For Lesbian Couples Under “Companion” Cases Debra H. And In Re H.M., Jason C. Beekman
Cornell Law School J.D. Student Research Papers
The United States is engaged in a national debate over whether to grant same-sex couples the rights and privileges of marriage. Supporters of marriage equality flood the media with images of jubilant same-sex couples simply wanting the chance to say their “I dos” and have the state formally recognize their shared love and commitment. The unfortunate reality is, however, that many homosexual relationships, like heterosexual relationships, dissolve. Marriage rights play as important a role at a relationship’s dissolution as they do at a relationship’s inception. This paper focuses on one such issue often left out of the public discourse over …