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Articles 1 - 30 of 249

Full-Text Articles in Supreme Court of the United States

The Federalist Society Majority, Lawrence Baum, Neal Devins Oct 2019

The Federalist Society Majority, Lawrence Baum, Neal Devins

Neal E. Devins

No abstract provided.


Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum Sep 2019

Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum

Neal E. Devins

No abstract provided.


Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins Sep 2019

Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins

Neal E. Devins

With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …


What Standards Apply When Freedoms Collide?, Neal Devins Sep 2019

What Standards Apply When Freedoms Collide?, Neal Devins

Neal E. Devins

No abstract provided.


What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins Sep 2019

What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins

Neal E. Devins

No abstract provided.


Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins Sep 2019

Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins

Neal E. Devins

No abstract provided.


The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts Sep 2019

The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts

Neal E. Devins

No abstract provided.


The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel Sep 2019

The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel

Neal E. Devins

No abstract provided.


The Supreme Court And Private Schools: An Update, Neal Devins Sep 2019

The Supreme Court And Private Schools: An Update, Neal Devins

Neal E. Devins

No abstract provided.


The Majoritarian Rehnquist Court?, Neal Devins Sep 2019

The Majoritarian Rehnquist Court?, Neal Devins

Neal E. Devins

No abstract provided.


The Possible Final Word On Employment Discrimination Relief, Neal Devins Sep 2019

The Possible Final Word On Employment Discrimination Relief, Neal Devins

Neal E. Devins

No abstract provided.


The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins Sep 2019

The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins

Neal E. Devins

No abstract provided.


The D'Oh! Of Popular Constiutitonalism, Neal Devins Sep 2019

The D'Oh! Of Popular Constiutitonalism, Neal Devins

Neal E. Devins

No abstract provided.


The Bob Jones Case - Over To Congress, Neal Devins Sep 2019

The Bob Jones Case - Over To Congress, Neal Devins

Neal E. Devins

No abstract provided.


The Amicus Machine, Allison Orr Larsen, Neal Devins Sep 2019

The Amicus Machine, Allison Orr Larsen, Neal Devins

Neal E. Devins

The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …


Should The Supreme Court Fear Congress?, Neal Devins Sep 2019

Should The Supreme Court Fear Congress?, Neal Devins

Neal E. Devins

No abstract provided.


Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins Sep 2019

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins

Neal E. Devins

No abstract provided.


Split Definitive, Lawrence Baum, Neal Devins Sep 2019

Split Definitive, Lawrence Baum, Neal Devins

Neal E. Devins

For the first time in a century, the Supreme Court is divided solely by political party.


Social Meaning And School Vouchers, Neal Devins Sep 2019

Social Meaning And School Vouchers, Neal Devins

Neal E. Devins

No abstract provided.


Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins Sep 2019

Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins

Neal E. Devins

No abstract provided.


School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins Sep 2019

School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins

Neal E. Devins

No abstract provided.


Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins Sep 2019

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

Neal E. Devins

No abstract provided.


Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins Sep 2019

Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins

Neal E. Devins

No abstract provided.


Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins Sep 2019

Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins

Neal E. Devins

No abstract provided.


Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins Sep 2019

Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins

Neal E. Devins

No abstract provided.


Ideological Cohesion And Precedent (Or Why The Court Only Cares About Precedent When Most Justices Agree With Each Other), Neal Devins Sep 2019

Ideological Cohesion And Precedent (Or Why The Court Only Cares About Precedent When Most Justices Agree With Each Other), Neal Devins

Neal E. Devins

This Article examines the profound role that ideological cohesion plays in explaining the Supreme Court's willingness to advance a coherent vision of the law - either by overruling precedents inconsistent with that vision or by establishing rule-like precedents intended to bind the Supreme Court and lower courts in subsequent cases. Through case studies of the New Deal, Warren, and Rehnquist Courts, this Article calls attention to key differences between Courts in which five or more Justices pursue the same substantive objectives and Courts which lack a dominant voting block. In particular, when five or more Justices pursue the same substantive …


Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins Sep 2019

Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins

Neal E. Devins

No abstract provided.


The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove Sep 2019

The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove

Tara L. Grove

Scholars have long debated Congress’s power to curb federal jurisdiction and have consistently assumed that the constitutional limits on Congress’s authority (if any) must be judicially enforceable and found in the text and structure of Article III. In this Article, I challenge that fundamental assumption. I argue that the primary constitutional protection for the federal judiciary lies instead in the bicameralism and presentment requirements of Article I. These Article I lawmaking procedures give competing political factions (even political minorities) considerable power to “veto” legislation. Drawing on recent social science and legal scholarship, I argue that political factions are particularly likely …


Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove Sep 2019

Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove

Tara L. Grove

No abstract provided.


The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove Sep 2019

The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove

Tara L. Grove

Scholars have long treated the Exceptions Clause of Article III as a serious threat to the Supreme Court’s central constitutional function: establishing definitive and uniform rules of federal law. This Article argues that scholars have overlooked an important function of the Clause. Congress has repeatedly used its broad “exceptions power” to facilitate, not to undermine, the Supreme Court’s constitutional role. Drawing on insights from social science, this Article asserts that Congress has an incentive to use its control over federal jurisdiction to promote the Court’s role in settling disputed federal questions. Notably, this argument has considerable historical support. When the …