Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (4)
- Judges (3)
- Jurisprudence (3)
- Supreme Court of the United States (3)
- American Politics (1)
-
- Civil Rights and Discrimination (1)
- Common Law (1)
- Courts (1)
- Education Law (1)
- Education Policy (1)
- First Amendment (1)
- Jurisdiction (1)
- Law and Gender (1)
- Law and Philosophy (1)
- Law and Politics (1)
- Law and Race (1)
- Legislation (1)
- Models and Methods (1)
- Political Science (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Policy (1)
- Social and Behavioral Sciences (1)
- State and Local Government Law (1)
- Institution
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Legal History
Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger
Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger
The Journal of Appellate Practice and Process
No abstract provided.
Book Review: Much Ado About Nothing: The Brethren: Inside The Supreme Court, Richard L. Aynes
Book Review: Much Ado About Nothing: The Brethren: Inside The Supreme Court, Richard L. Aynes
Akron Law Review
With such auspicious beginnings, The Brethren would appear to be a vital and important book which should be included upon the "required" reading list of those who wish to keep abreast of developments involving the Court and the evolution of constitutional law. Unfortunately, for anyone familiar with the decisions of the Court, the high expectations raised by The Brethren will not be met. Even when viewed in the most charitable light, the "insights" into the decision-making process to be gained from The Brethren are slight.2
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Political Science Honors Projects
The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.
The Effect Of Buckhannon On The Awarding Of Attorney Fees, Leon Friedman
The Effect Of Buckhannon On The Awarding Of Attorney Fees, Leon Friedman
Touro Law Review
No abstract provided.
Procedural And Structural Obstacles In Challenging Aspects Of The Criminal Justice System, John Boston
Procedural And Structural Obstacles In Challenging Aspects Of The Criminal Justice System, John Boston
Touro Law Review
No abstract provided.
Is Zahn Gone? The Effect Of 28 U.S.C. § 1367 On The "No Aggregation Doctrine", Joseph J. Shannon
Is Zahn Gone? The Effect Of 28 U.S.C. § 1367 On The "No Aggregation Doctrine", Joseph J. Shannon
Touro Law Review
No abstract provided.
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
All Faculty Scholarship
The Supreme Court’s attempt to create a standard for evaluating whether the Establishment Clause is violated by religious governmental speech, such as the public display of the Ten Commandments or the Pledge of Allegiance, is a total failure. The Court’s Establishment Clause jurisprudence has been termed “convoluted,” “a muddled mess,” and “a polite lie.” Unwilling to either allow all governmental religious speech or ban it entirely, the Court is in need of a coherent standard for distinguishing the permissible from the unconstitutional. Thus far, no Justice has offered such a standard.
A careful reading of the history of the framing …
Justice Ginsburg's Call To Action: The Court, Congress, And The Lilly Ledbetter Fair Pay Act Of 2009, Youlan Xiu
Justice Ginsburg's Call To Action: The Court, Congress, And The Lilly Ledbetter Fair Pay Act Of 2009, Youlan Xiu
Senior Theses and Projects
No abstract provided.
Federal Governmental Power: The Voting Rights Act, Michael C. Dorf
Federal Governmental Power: The Voting Rights Act, Michael C. Dorf
Michael C. Dorf
No abstract provided.
In Search Of The Real Roberts Court, Stephen Wermiel
In Search Of The Real Roberts Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
No College, No Prior Clerkship: How Jim Marsh Became Justice Jackson’S Law Clerk, John Q. Barrett
No College, No Prior Clerkship: How Jim Marsh Became Justice Jackson’S Law Clerk, John Q. Barrett
Faculty Publications
(Excerpt)
In his first four years on the Supreme Court, Justice Robert H. Jackson employed, in sequence, three young attorneys as his law clerks. The first, John F. Costelloe, was a Harvard Law School graduate and former Harvard Law Review editor who until summer 1941 was, like then attorney general Jackson, working at the U.S. Department of Justice. Costelloe became Justice Jackson’s first law clerk shortly after his July 1941 appointment to the Court and stayed for a little over two years. Jackson’s next law clerk, Phil C. Neal, came to Jackson in 1943 after graduating from Harvard Law School, …