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Full-Text Articles in Other Law

Courts, Culture, And The Lethal Injection Stalemate, Eric Berger Jan 2020

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 Jan 2016

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 Jul 2014

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 Jan 2013

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 Jul 2011

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 Jan 2011

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 May 2010

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 Apr 2009

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 Jul 2002

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 Dec 1997

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 Jan 1997

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 Apr 1995

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 May 1991

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 Nov 1990

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 Apr 1989

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 Jan 1986

Copyright: Factual Compilations And The Second Circuit, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.


Securities Commentary, Roberta S. Karmel, John P. Ketels Jul 1978

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 Nov 1977

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.