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Articles 1 - 18 of 18
Full-Text Articles in Other Law
Courts, Culture, And The Lethal Injection Stalemate, Eric Berger
Courts, Culture, And The Lethal Injection Stalemate, Eric Berger
Nebraska College of Law: Faculty Publications
The Supreme Court's 2019 decision in Bucklew v. Precythe reiterated the Court's great deference to states in Eighth Amendment lethal injection cases. The takeaway is that when it comes to execution protocols, states can do what they want. Events on the ground tell a very different story. Notwithstanding courts' deference, executions have ground to a halt in numerous states, often due to lethal injection problems. State officials and the Court's conservative Justices have blamed this development on "anti-death penalty activists" waging ''guerilla war" on capital punishment. In reality, though, a variety of mostly uncoordinated actors motivated by a range of …
Gross Error, Eric Berger
Gross Error, Eric Berger
Nebraska College of Law: Faculty Publications
Glossip v. Gross epitomizes judicial deference gone berserk. In rejecting an Eighth Amendment challenge to Oklahoma’s lethal injection protocol, the United States Supreme Court rested its holding on several forms of deference. Closer examination demonstrates that each of these unsupported deference determinations was, at best, contestable and, at worst, simply wrong. Far from being anomalous, such under-theorized deference reflects more generally the Court’s willingness to utilize various stealth determinations to manipulate outcomes in constitutional cases. The understandable concern that frivolous lethal injection challenges will clog courts and delay executions likely motivated the Court’s approach. Remarkably, though, the Court did not …
Themes, Doctrine, And Pedagogy In The 2013-2014 National Health Law Moot Court Competition Problem, Anita Bernstein
Themes, Doctrine, And Pedagogy In The 2013-2014 National Health Law Moot Court Competition Problem, Anita Bernstein
Faculty Scholarship
No abstract provided.
Supra Synopses, Ryan W. Dumm, Laura Turczanski
Supra Synopses, Ryan W. Dumm, Laura Turczanski
Seattle University Law Review SUpra
No abstract provided.
Playing Well With Others -- But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi Member Court, William D. Araiza
Playing Well With Others -- But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi Member Court, William D. Araiza
Faculty Scholarship
No abstract provided.
Citizens United, Stevens And Humanitarian Law Project: First Amendment Rules And Standards In Three Acts, William D. Araiza
Citizens United, Stevens And Humanitarian Law Project: First Amendment Rules And Standards In Three Acts, William D. Araiza
Faculty Scholarship
No abstract provided.
Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron
Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron
Faculty Scholarship
No abstract provided.
New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza
New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza
Faculty Scholarship
No abstract provided.
Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein
Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein
Faculty Scholarship
No abstract provided.
Treating Sexual Harassment With Respect, Anita Bernstein
Treating Sexual Harassment With Respect, Anita Bernstein
Faculty Scholarship
No abstract provided.
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Faculty Scholarship
No abstract provided.
Supreme Court Roundtable: Fogerty V. Fantasy, Inc. And Campbell V. Acuff-Rose Music, Inc., Beryl R. Jones-Woodin
Supreme Court Roundtable: Fogerty V. Fantasy, Inc. And Campbell V. Acuff-Rose Music, Inc., Beryl R. Jones-Woodin
Faculty Scholarship
No abstract provided.
Copyrights And State Liability, Beryl R. Jones-Woodin
Copyrights And State Liability, Beryl R. Jones-Woodin
Faculty Scholarship
No abstract provided.
Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton
Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton
Faculty Scholarship
When there is a change of corporate control in a business enterprise a question arises as to whether the new employer should be bound by the predecessor's collective bargaining relationship with the union representing the predecessor's employees. This is known as the successorship problem in labor law.' Successorship doctrine is complex and controversial. Several commentators have attempted to reconcile Supreme Court decisions and to ascertain the assumptions underlying the Court's opinions in this area.2 This Article does not attempt to do this, although paradoxically, the arguments presented may lead to reconciliation of many of the Supreme Court's decisions relating to …
Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow
Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow
Faculty Scholarship
No abstract provided.
Copyright: Factual Compilations And The Second Circuit, Beryl R. Jones-Woodin
Copyright: Factual Compilations And The Second Circuit, Beryl R. Jones-Woodin
Faculty Scholarship
No abstract provided.
Securities Commentary, Roberta S. Karmel, John P. Ketels
Securities Commentary, Roberta S. Karmel, John P. Ketels
Faculty Scholarship
No abstract provided.
Current Issues And Developments In The Duties And Liabilities Of Underwriters And Securities Dealers -- A Program By The Committee On Federal Regulation Of Securities, Roberta S. Karmel
Current Issues And Developments In The Duties And Liabilities Of Underwriters And Securities Dealers -- A Program By The Committee On Federal Regulation Of Securities, Roberta S. Karmel
Faculty Scholarship
No abstract provided.