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Series

2021

Discipline
Institution
Keyword
Publication

Articles 121 - 126 of 126

Full-Text Articles in Supreme Court of the United States

Supreme Court Reform And American Democracy, Ganesh Sitaraman, D. Epps Jan 2021

Supreme Court Reform And American Democracy, Ganesh Sitaraman, D. Epps

Vanderbilt Law School Faculty Publications

In How to Save the Supreme Court, we identified the legitimacy challenge facing the Court, traced it to a set of structural flaws, and proposed novel reforms. Little more than a year later, the conversation around Supreme Court reform has only grown louder and more urgent. In this Essay, we continue that conversation by engaging with critics of our approach. The current crisis of the Supreme Court is, we argue, inextricable from the question of the Supreme Court’s proper role in our democracy. For those interested in reform, there are three distinct strategies for ensuring the Supreme Court maintains its …

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Long Live The Common Law Of Copyright!: Georgia V. Public.Resource.Org., Inc. And The Debate Over Judicial Role In Copyright, Shyamkrishna Balganesh Jan 2021

Long Live The Common Law Of Copyright!: Georgia V. Public.Resource.Org., Inc. And The Debate Over Judicial Role In Copyright, Shyamkrishna Balganesh

Faculty Scholarship

In Georgia v. Public.Resource.Org, Inc., the Supreme Court resurrected a nineteenth-century copyright doctrine – the government edicts doctrine – and applied it to statutory annotations prepared by a legislative agency. While the substance of the decision has serious impli­cations for due process and the rule of law, the Court’s treatment of the doctrine recognized an invigorated role for courts in the development of copyright law through the use of principled reasoning. In expounding the doctrine, the Court announced a vision for the judicial role in copy­right adjudication that is at odds with the dominant approach under the Copyright …

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Presidential Commission On The Supreme Court Of The United States Final Report, Michelle Adams, Kate Andrias, Jack Balkin, William Baude, Bob Bauer, Elise Boddie, Guy-Uriel E. Charles, Andrew Manuel Crespo, Walter Dellinger, Justin Driver, Richard Fallon Jr., Caroline Fredrickson, Heather Gerken, Nancy Gertner, Thomas B. Griffith, Tara Leigh Grove, Bert I. Huang, Sherrilyn Ifill, Olatunde C.A. Johnson, Michael S. Kang, Alison L. Lacroix, Margaret H. Lemos, David F. Levi, Trevor W. Morrison, Richard H. Pildes, Michael D. Ramsey, Cristina M. Rodríguez, Kermit Roosevelt, Bertrall Ross, David A. Strauss, Laurence H. Tribe, Michael Waldman, Adam White, Keith E. Whittington Jan 2021

Presidential Commission On The Supreme Court Of The United States Final Report, Michelle Adams, Kate Andrias, Jack Balkin, William Baude, Bob Bauer, Elise Boddie, Guy-Uriel E. Charles, Andrew Manuel Crespo, Walter Dellinger, Justin Driver, Richard Fallon Jr., Caroline Fredrickson, Heather Gerken, Nancy Gertner, Thomas B. Griffith, Tara Leigh Grove, Bert I. Huang, Sherrilyn Ifill, Olatunde C.A. Johnson, Michael S. Kang, Alison L. Lacroix, Margaret H. Lemos, David F. Levi, Trevor W. Morrison, Richard H. Pildes, Michael D. Ramsey, Cristina M. Rodríguez, Kermit Roosevelt, Bertrall Ross, David A. Strauss, Laurence H. Tribe, Michael Waldman, Adam White, Keith E. Whittington

Faculty Scholarship

On April 9, 2021, President Joseph R. Biden, Jr. issued Executive Order 14023 establishing this Commission, to consist of “individuals having experience with and knowledge of the Federal judiciary and the Supreme Court of the United States.” The Order charged the Commission with producing a report for the President that addresses three sets of questions. First, the Report should include “[a]n account of the contemporary commentary and debate about the role and operation of the Supreme Court in our constitutional system and about the functioning of the constitutional process by which the President nominates and, by and with the advice …

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Rbg: Nonprofit Entrepreneur, David M. Schizer Jan 2021

Rbg: Nonprofit Entrepreneur, David M. Schizer

Faculty Scholarship

It is exceedingly rare for one person to change the world almost single-handedly, but Justice Ruth Bader Ginsburg was one of those people. Even before her distinguished judicial career, RBG was a trailblazing advocate for women’s rights during the 1970s. She persuaded the Supreme Court that gender discrimination violates the Equal Protection Clause of the U.S. Constitution, winning five of the six cases she argued there. To lead this historic effort, RBG served as general counsel of the ACLU and as co-founder and the first director of its Women’s Rights Project from 1972 until she became a judge in 1980. …

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Bivens And The Ancien Régime, Carlos Manuel Vázquez Jan 2021

Bivens And The Ancien Régime, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

In its most recent decision narrowly construing Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court derided Bivens as the product of an “‘ancien regime,’ ... [in which] the Court assumed it to be a proper judicial function to ‘provide such remedies as are necessary to make effective’ a statute’s purpose.” This Essay considers the relevance for Bivens claims of the Court’s shift to a nouveau régime to address the implication of private rights of action under statutes. It first describes and assesses the Court’s reasons for shifting to the nouveau r …

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Nestlé United States, Inc. V. Doe. 141 S. Ct. 1931 (2021), Desiree Leclercq Jan 2021

Nestlé United States, Inc. V. Doe. 141 S. Ct. 1931 (2021), Desiree Leclercq

Scholarly Works

On June 17, 2021, the United States Supreme Court reversed and remanded a suit filed against Nestlé USA and Cargill under the Alien Tort Statute (ATS) 1 for lack of jurisdiction. This case has already garnered attention over the nature of the dispute (child slaves in Africa), the Supreme Court’s treatment of jurisdiction under the ATS, and the finding shared by five of the nine Supreme Court justices that domestic corporations can potentially be sued under the ATS. This analysis focuses on the child slavery and global supply chain aspects of the decision.

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