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22,970 full-text articles. Page 6 of 549.

Nfib V. Sebelius At 5, Nicole Huberfeld 2018 University of St. Thomas, Minnesota

Nfib V. Sebelius At 5, Nicole Huberfeld

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan 2018 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan

Law School Blogs

No abstract provided.


Suppression Of Free Tweets: How Packingham Impacts The New Era Of Government Social Media And The First Amendment, Elise Berry 2018 The University of Akron

Suppression Of Free Tweets: How Packingham Impacts The New Era Of Government Social Media And The First Amendment, Elise Berry

ConLawNOW

As social media popularity grows, so too does the constitutional conflicts between the First Amendment’s public forum doctrine and a public official’s social media. More and more claims of viewpoint discrimination are arising from the district courts, stemming from a public official’s use of his or her social media to delete comments or ban users from their official social media pages. Similarly, President Donald Trump’s use of his Twitter has also instigated a law suit against him for viewpoint discrimination under the public forum doctrine. While the Supreme Court has been silent on the issue, its ...


Trump's Forced Patriotism Has No Place In A Free Society, Alan E. Garfield 2018 Widener Law

Trump's Forced Patriotism Has No Place In A Free Society, Alan E. Garfield

Alan E Garfield

No abstract provided.


A View From American Courts: The Year In Indian Law 2017, Grant Christensen 2018 Seattle University School of Law

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...


Remedies Symposium: Contempt Fines And The Eleventh Amendment, John Sanchez 2018 The University of Akron

Remedies Symposium: Contempt Fines And The Eleventh Amendment, John Sanchez

ConLawNOW

The Eleventh Amendment permits plaintiffs to recover prospective relief, for example, injunctive or declaratory relief, against a state. By contrast, the Eleventh Amendment bars recovery of retrospective relief against a state. The classic legal remedy of money damages is not recoverable. There are three types of contempts: civil compensatory and coercive contempt and criminal contempt. Civil compensatory contempt fines and criminal contempt fines are clearly retrospective in nature and so are not recoverable against a state. At the same time, civil coercive contempt fines are prospective and so should be recoverable against a state despite the Eleventh Amendment. Problems arise ...


Surprising Originalism: The Regula Lecture, Lawrence B. Solum 2018 The University of Akron

Surprising Originalism: The Regula Lecture, Lawrence B. Solum

ConLawNOW

This article takes the reader on a guided tour of contemporary originalist constitutional theory. Most Americans believe that they already know everything they need to know about constitutional originalism. But in many cases, they are mistaken. Contemporary originalists do not believe that we should ask, "What would James Madison do?" Instead, the mainstream of contemporary originalism aims to recover the original public meaning of the constitutional text. Conservatives and libertarians are sure that originalism is a necessary corrective to the liberal excesses of the Warren Court. Progressives have an almost unshakeable belief that originalism is a right-wing ideology that seeks ...


Access To Justice: Impact Of Twombly & Iqbal On State Court Systems, Danielle Lusardo Schantz 2018 The University of Akron

Access To Justice: Impact Of Twombly & Iqbal On State Court Systems, Danielle Lusardo Schantz

Akron Law Review

Approximately a decade ago, the Supreme Court of the United States unexpectedly changed the pleading standard for federal cases with the Twombly and Iqbal decisions. Plausibility pleading replaced the more liberal notice pleading standard endorsed by the Federal Rules of Civil Procedure. Since then, state courts have been faced with a choice to either mirror this change in pleading standards or maintain their commitment to notice pleading. Plausibility pleading has begun to creep into the state court system. Several states have formally changed their pleading standards, while others have declared their commitment to notice pleading. This Article considers the impact ...


Professional-Identity/Professional-Formation/Professionalism Learning Outcomes: What Can We Learn About Assessment From Medical Education, Neil Hamilton 2018 University of St Thomas School of Law

Professional-Identity/Professional-Formation/Professionalism Learning Outcomes: What Can We Learn About Assessment From Medical Education, Neil Hamilton

University of St. Thomas Law Journal

No abstract provided.


What Can The Legal Profession Learn From The Medical Profession About The Next Steps?, Dr. Eric Holmboe, Dr. Robert Englander 2018 University of St. Thomas, Minnesota

What Can The Legal Profession Learn From The Medical Profession About The Next Steps?, Dr. Eric Holmboe, Dr. Robert Englander

University of St. Thomas Law Journal

No abstract provided.


After Ten Years: The Carnegie Report And Contemporary Legal Education, William M. Sullivan 2018 University of St. Thomas, Minnesota

After Ten Years: The Carnegie Report And Contemporary Legal Education, William M. Sullivan

University of St. Thomas Law Journal

No abstract provided.


Building On The Professionalism Foundation Of Best Practices For Legal Education, Paula Schaefer 2018 University of St. Thomas, Minnesota

Building On The Professionalism Foundation Of Best Practices For Legal Education, Paula Schaefer

University of St. Thomas Law Journal

No abstract provided.


The Icing On The Cake: How Background Factors Affect Law Faculty Predictions In Masterpiece Cakeshop, Michael Conklin 2018 The University of Akron

The Icing On The Cake: How Background Factors Affect Law Faculty Predictions In Masterpiece Cakeshop, Michael Conklin

ConLawNOW

In this research, I explore law school faculty perceptions and predictions of the highly publicized Masterpiece Cakeshop case. I created a survey to assess how law faculty members’ prediction of the case may be affected by their area of instruction, background in business, religious involvement, political affiliation, same-sex union celebration participation, exposure to the case, and personal desired outcome for the case. I contacted over 800 law school faculty members, inviting them to participate in the research. The ninety-three completed responses provide insight into how law school faculty demographics may be indicators of their Supreme Court case predictions. Furthermore, different ...


Rwu First Amendment Blog: Jared Goldstein's Blog: Masterpiece Cakeshop Ruling: No Constitutional Right To Discriminate (For Now) 06-05-2018, Jared A. Goldstein 2018 Roger Williams University School of Law

Rwu First Amendment Blog: Jared Goldstein's Blog: Masterpiece Cakeshop Ruling: No Constitutional Right To Discriminate (For Now) 06-05-2018, Jared A. Goldstein

Law School Blogs

No abstract provided.


Foreword, Daniel B. Rodriguez 2018 Northwestern Pritzker School of Law

Foreword, Daniel B. Rodriguez

Northwestern University Law Review

No abstract provided.


Blind Justice: Why The Court Refused To Accept Statistical Evidence Of Discriminatory Purpose In Mccleskey V. Kemp—And Some Pathways For Change, Reva B. Siegel 2018 Northwestern Pritzker School of Law

Blind Justice: Why The Court Refused To Accept Statistical Evidence Of Discriminatory Purpose In Mccleskey V. Kemp—And Some Pathways For Change, Reva B. Siegel

Northwestern University Law Review

In McCleskey v. Kemp, the Supreme Court refused to accept statistical evidence of race discrimination in an equal protection challenge to the death penalty. This lecture, on the decision’s thirtieth anniversary, locates McCleskey in cases of the Burger and Rehnquist Courts that restrict proof of discriminatory purpose in terms that make it exceedingly difficult for minority plaintiffs successfully to assert equal protection claims.

The lecture’s aims are both critical and constructive. The historical reading I offer shows that portions of the opinion justify restrictions on evidence to protect prosecutorial discretion, while others limit proof of discrimination in ways ...


Equal Protection Under The Carceral State, Aya Gruber 2018 Northwestern Pritzker School of Law

Equal Protection Under The Carceral State, Aya Gruber

Northwestern University Law Review

McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan’s phrase, “a fear of too much justice.” The popular interpretation of this phrase is that the Supreme Court harbored what I call a “disparity-claim fear,” dreading a future docket of racial discrimination claims and erecting an impossibly high bar for proving an equal protection violation. A related interpretation is that the majority had a “color-consciousness fear” of remedying discrimination through race-remedial policies. In contrast to these conventional views, I argue that the primary anxiety ...


Church, State And The Lemon Test: The Shortcomings Of The Supreme Court When Deciding Establishment Clause Cases, Jonathan Broida 2018 The College at Brockport

Church, State And The Lemon Test: The Shortcomings Of The Supreme Court When Deciding Establishment Clause Cases, Jonathan Broida

#History: A Journal of Student Research

This paper argues that the Lemon test is a clear and pragmatic method for ensuring that Justices of the U.S. Supreme Court remain objective when interpreting the Constitution’s Establishment Clause. Critics of the Lemon test have mistakenly suggested that it provides an overly broad interpretation of the Establishment Clause that surpasses its original intent. Analysis of the Supreme Court’s decisions in Lemon v. Kurtzman (1971), Marsh v. Chambers (1983) and Lee v. Weisman (1992) will reveal that blame for the test’s supposed flaws rests on the Justices themselves. Analysis of relevant studies will shed light on ...


Diversity Entitlement: Does Diversity-Benefits Ideology Undermine Inclusion?, Kyneshawau Hurd, Victoria C. Plaut 2018 Northwestern Pritzker School of Law

Diversity Entitlement: Does Diversity-Benefits Ideology Undermine Inclusion?, Kyneshawau Hurd, Victoria C. Plaut

Northwestern University Law Review

Ideologies are most successful (or most dangerous) when they become common-sense—when they become widely accepted, taken-for-granted truths—because these truths subsequently provide implicit guidelines and expectations about what is moral, legitimate, and necessary in our society. In Regents of University of California v. Bakke, the Court, without a majority opinion, considered and dismissed all but one of several “common-sense” rationales for affirmative action in admissions. While eschewing rationales that focused on addressing discrimination and underrepresentation, the Court found that allowing all students to obtain the educational benefits that flow from diversity was a compelling rationale—essential, even, for a ...


The Utility Of Rational Basis Review, Nicholas Walter 2018 Villanova University Charles Widger School of Law

The Utility Of Rational Basis Review, Nicholas Walter

Villanova Law Review

No abstract provided.


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