Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- " James Madison (1)
- "Virginia Experience (1)
- Appellate court performance (1)
- At-risk groups (1)
- Best practices for courts (1)
-
- Certiorari (1)
- Circuit court precedent (1)
- Department of Health and Human Services v. Howard (1)
- Establishment Clause (1)
- First Amendment (1)
- Importance of oral argument (1)
- Individual rights (1)
- Judicial federalism (1)
- Non-precedential opinions (1)
- Oral argument (1)
- Religious liberty (1)
- Right to privacy (1)
- Supreme Court agenda (1)
- Supreme Court bar (1)
- Thomas Jefferson (1)
- Willamette Court Study Committee (1)
Articles 1 - 6 of 6
Full-Text Articles in Legal History
Religious Liberty That Almost Wasn't: On The Origin Of The Establishment Clause Of The First Amendment, Gregory C. Downs
Religious Liberty That Almost Wasn't: On The Origin Of The Establishment Clause Of The First Amendment, Gregory C. Downs
University of Arkansas at Little Rock Law Review
The purpose of this article is to briefly examine the origin of the Establishment Clause in the event sometimes referred to as the "Virginia Experience," and to consider the possibility that the significant "leading roles" in the First Amendment's creation were not limited to Jefferson and Madison. Further, Madison's leading role in the actual sponsorship of the First Amendment may not have been entirely voluntary. With the ever-present litigation and controversies revolving around the extent and meaning of the First Amendment's Establishment Clause, the overlooked history of the creation of the First Amendment is both interesting and instructive in the …
Constitutional Law—Equal Protection & Due Process—Is The Arkansas Supreme Court Abandoning Judicial Federalism?, Alexander Justiss
Constitutional Law—Equal Protection & Due Process—Is The Arkansas Supreme Court Abandoning Judicial Federalism?, Alexander Justiss
University of Arkansas at Little Rock Law Review
This note examines the history of judicial federalism by discussing the history of its use, as well as the analytical models that have been produced by its various adoptive jurisdictions. The development of these models has given courts much authority in determining the scope of individual rights within their respective jurisdictions. Further, a discussion follows that explores the criticisms directed at the use of such authority.
This note also examines the Arkansas Supreme Court's adoption and use of judicial federalism as a necessary safeguard against governmental infringements on individual rights, particularly those involving the right to privacy. Although such cases …
A Modest Proposal For Regulating Unpublished, Non-Precedential Federal Appellate Opinions While Courts And Litigants Adapt To Federal Rule Of Appellate Procedure 32.1, Sarah E. Ricks
The Journal of Appellate Practice and Process
No abstract provided.
When Is Oral Argument Important? A Judicial Clerk's View Of The Debate, Michael Duvall
When Is Oral Argument Important? A Judicial Clerk's View Of The Debate, Michael Duvall
The Journal of Appellate Practice and Process
No abstract provided.
Seeking Best Practices Among Intermediate Courts Of Appeal: A Nascent Journey, W. Warren H. Binford, Preston C. Greene, Maria C. Schmidlkofer
Seeking Best Practices Among Intermediate Courts Of Appeal: A Nascent Journey, W. Warren H. Binford, Preston C. Greene, Maria C. Schmidlkofer
The Journal of Appellate Practice and Process
No abstract provided.
Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson
Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson
The Journal of Appellate Practice and Process
No abstract provided.