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Social and Behavioral Sciences Commons™
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- Supreme Court (2)
- Abortion (1)
- Addictive technology (1)
- Antitrust (1)
- Civil rights (1)
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- Constitutional rights (1)
- Family privacy (1)
- Female Justices (1)
- Freedom from addiction (1)
- Fundamental liberty interest (1)
- Fundamental rights (1)
- Gendered interruptions (1)
- John Roberts (1)
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- Oral argument (1)
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- Same-sex marriage (1)
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- Substantive due process (1)
- Summary judgment trilogy (1)
- Threats to freedom of thought (1)
- Tradition (1)
- U.S. Constitution (1)
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Articles 1 - 4 of 4
Full-Text Articles in Social and Behavioral Sciences
Supreme Court Interruptions And Interventions: The Changing Role Of The Chief Justice, Tonja Jacobi, Matthew Sag
Supreme Court Interruptions And Interventions: The Changing Role Of The Chief Justice, Tonja Jacobi, Matthew Sag
Faculty Articles
Interruptions at Supreme Court oral argument have received much attention in recent years, particularly the disproportionate number of interruptions directed at the female Justices. The Supreme Court changed the structure of oral argument to try to address this problem. This Article assesses whether the frequency and gender disparity of interruptions of Justices improved in recent years, and whether the structural change in argument helped. It shows that interruptions decreased during the pandemic but then resurged to near-record highs, as has the gender disparity in Justice-to-Justice interruptions. However, although the rate of advocate interruptions of Justices also remains historically high, for …
Thinly Rooted: Dobbs, Tradition, And Reproductive Justice, Darren L. Hutchinson
Thinly Rooted: Dobbs, Tradition, And Reproductive Justice, Darren L. Hutchinson
Faculty Articles
In Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. These two cases held that the Due Process Clause of the Fourteenth Amendment encompassed a right of women to terminate a pregnancy. Roe reflected over 60 years of substantive due process precedent finding and reaffirming a constitutional right of privacy with several animating themes, including bodily integrity, equality, and dignity. The Court’s substantive due process doctrine had established that the analysis in such cases would involve multiple points of inquiry, such as tradition, contemporary practices, and …
Addiction And Liberty, Matthew B. Lawrence
Addiction And Liberty, Matthew B. Lawrence
Faculty Articles
This Article explores the interaction between addiction and liberty and identifies a firm legal basis for recognition of a fundamental constitutional right to freedom from addiction. Government interferes with freedom from addiction when it causes addiction or restricts addiction treatment, and government may protect freedom from addiction through legislation empowering individuals against private actors’ efforts to addict them without their consent. This Article motivates and tests the boundaries of this right through case studies of emergent threats to liberty made possible or exacerbated by new technologies and scientific understandings. These include certain state lottery programs, addiction treatment restrictions, and smartphone …
The Summary Judgment Revolution That Wasn't, Jonathan R. Nash, D. Daniel Sokol
The Summary Judgment Revolution That Wasn't, Jonathan R. Nash, D. Daniel Sokol
Faculty Articles
The U.S. Supreme Court decided a trilogy of cases on summary judgment in 1986. Questions remain as to how much effect these cases have had on judicial decision-making in terms of wins and losses for plaintiffs. Shifts in wins, losses, and what cases get to decisions on the merits impact access to justice. We assemble novel datasets to examine this question empirically in three areas of law that are more likely to respond to shifts in the standard for summary judgment: antitrust, securities regulation, and civil rights. We find that the Supreme Court’s decisions had a statistically significant effect in …