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Articles 1 - 2 of 2
Full-Text Articles in Legal Writing and Research
Granting Certiorari To Video Recording But Not To Televising, Scott C. Wilcox
Granting Certiorari To Video Recording But Not To Televising, Scott C. Wilcox
Michigan Law Review First Impressions
Cameras are an understandable yet inapt target for Supreme Court Justices apprehensive about televising the high Court’s proceedings. Notwithstanding Justice Souter’s declaration to a congressional subcommittee in 1996 that cameras will have to roll over his dead body to enter the Court, the Justices’ public statements suggest that their objections are to televising—not to cameras. In fact, welcoming cameras to video record Court proceedings for archival purposes will serve the Justices’ interests well. Video recording can forestall legislation recently introduced in both houses of Congress that would require the Court to televise its proceedings. The Court’s desired result—the legislation disappearing …
The D'Oh! Of Popular Constitutionalism, Neal Devins
The D'Oh! Of Popular Constitutionalism, Neal Devins
Michigan Law Review
This Review will be divided into three parts. Part I will both summarize The Most Democratic Branch and highlight some of the difficulties that the Supreme Court would face in implementing Rosen's decision-making model. In particular, by allowing the Court to invalidate laws for a host of "antidemocratic" reasons, Rosen's matrix does not constrain the Court in a predictable way. Part II will examine some of the empirical evidence about public attitudes toward the Supreme Court, including public awareness of Supreme Court decisions. I will contend that the Court cannot look to the people to sort out the Constitution's meaning …