Partisanship Creep, 2024 Northwestern Pritzker School of Law
Partisanship Creep, Katherine Shaw
Northwestern University Law Review
It was once well settled and uncontroversial—reflected in legislative enactments, Executive Branch practice, judicial doctrine, and the broader constitutional culture—that the Constitution imposed limits on government partisanship. This principle was one instantiation of a broader set of rule of law principles: that law is not merely an instrument of political power; that government resources should not be used to further partisan interests, or to damage partisan adversaries.
For at least a century, each branch of the federal government has participated in the development and articulation of this nonpartisanship principle. In the legislative realm, federal statutes beginning with the 1883 Pendleton …
Silent Today, Conversant Tomorrow: Education Adequacy As A Political Question, 2024 Northwestern Pritzker School of Law
Silent Today, Conversant Tomorrow: Education Adequacy As A Political Question, Yeju Hwang
Northwestern University Law Review
When the Supreme Court declined to recognize the right to education as one fundamental to liberty, and thus unprotected by the U.S. Constitution, state courts took on the mantle as the next best fora for those yearning for judicial review of inequities present in American public schools. The explicit inclusion of the right to education in each state’s constitution carried the torch of optimism into the late twentieth century. Despite half a century of litigation in the states, the condition of the nation’s public school system remains troubling and perhaps increasingly falls short of expectations. Less competitive on an international …
The Next Thirty Years: Developments In Mandamus Jurisprudence In The Last Thirty Years And Why The General Rule That Mandamus Is Unavailable To Review The Denial Of Summary Judgment Is Inconsistent With Modern Mandamus Jurisprudence Under The In Re Prudential Balancing Test, Timothy Delabar
St. Mary's Law Journal
No abstract provided.
The "Inherent Powers" Of Multidistrict Litigation Courts, 2024 Pepperdine University
The "Inherent Powers" Of Multidistrict Litigation Courts, Lynn A. Baker
Pepperdine Law Review
Mass tort multidistrict litigations (MDLs) involving thousands of claims present the judge with unique management issues. The MDL statute, in its scant two pages enacted in 1968, offers no guidance for the proper handling of these issues, and the Federal Rules of Civil Procedure speak to these issues only very generally through Rules 16 and 42. Thus, MDL judges have often invoked their “inherent powers” as authority when they take certain actions with significant implications for the parties and their attorneys. Not surprisingly, several of these actions and their underlying justifications have been controversial: (a) appointing lead attorneys; (b) ordering …
The Word Is "Humility": Why The Supreme Court Needed To Adopt A Code Of Judicial Ethics, 2024 Pepperdine University
The Word Is "Humility": Why The Supreme Court Needed To Adopt A Code Of Judicial Ethics, Laurie L. Levenson
Pepperdine Law Review
The Supreme Court is one of our most precious institutions. However, for the last few years, American confidence in the Court has dropped to a new low. Less than 40% of Americans have confidence in the Court and its decisions. Recent revelations regarding luxury trips, gifts, and exclusive access for certain individuals to the Justices have raised questions about whether the Justices understand their basic ethical duties and can act in a fair and impartial manner. As commentators have noted, the Supreme Court stood as the only court in America that was not governed by an ethical code. The question …
Partisanship "All The Way Down" On The U.S. Supreme Court, 2024 Pepperdine University
Partisanship "All The Way Down" On The U.S. Supreme Court, Lee Epstein
Pepperdine Law Review
Just as the American public is politically polarized, so too is the U.S. Supreme Court. More than ever before, a clear alignment exists between the Justices’ partisanship and their ideological leanings (known as “partisan sorting”). Disapproval of opposing-party identifiers also appears to have intensified (“partisan antipathy”). This Article offers evidence of both forms of polarization. It shows that partisan sorting has resulted in wide gaps in voting between Republican and Democratic appointees; and it supplies data on “us-against-them” judging in the form of increasing antipathy toward opposite-partisan presidents. Taken collectively, the data point not to law “all the way down,” …
The Supreme Court, Article Iii, And Jurisdiction Stuffing, 2024 Pepperdine University
The Supreme Court, Article Iii, And Jurisdiction Stuffing, James E. Pfander
Pepperdine Law Review
Reflecting on the state of the federal judiciary in the aftermath of the Biden Commission report and subsequent controversies, this Article identifies problems with the current operation of both the Supreme Court and the lower courts that make up the Article III judicial pyramid. Many federal issues have been assigned to non-Article III tribunals, courts poorly structured to offer the independent legal assessment that such Founders as James Wilson prized as they structured the federal judiciary. Meanwhile, the Supreme Court devotes growing attention to a slice of highly salient public law questions, including those presented on the shadow docket, thereby …
Slipping Into Judicial Barbarism?, 2024 National Law School of India University, Bengaluru
Slipping Into Judicial Barbarism?, Pranav Verma
Articles
Book Review | Gautam Bhatia, Unsealed Covers: A Decade of the Constitution, the Courts and the State, HarperCollins Publisher India, 2023
Legislating Courts, 2024 Benjamin N. Cardozo School of Law
Without Due Process Of Law: The Dobbs Decision And Its Cataclysmic Impact On The Substantive Due Process And Privacy Rights Of Ohio Women, 2024 Cleveland State University College of Law
Without Due Process Of Law: The Dobbs Decision And Its Cataclysmic Impact On The Substantive Due Process And Privacy Rights Of Ohio Women, Jacob Wenner
Journal of Law and Health
Since the overturning of prior abortion precedents in Dobbs v. Jackson Women’s Health Organization, there has been a question on the minds of many women in this country: how will this decision affect me and my rights? As we have seen in the aftermath of Dobbs, many states have pushed for stringent anti-abortion measures seeking to undermine the foundation on which women’s reproductive freedom had been grounded on for decades. This includes right here in Ohio, where Republican lawmakers have advocated on numerous occasions for implementing laws seeking to limit abortion rights, including a 6-week abortion ban advocated …
The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, 2024 Saint Louis University School of Law
The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood
SLU Law Journal Online
This article explores the Harvard/UNC ruling and what, in the author’s view, is the misguided efforts by certain political and well-financed private actors to use that ruling to justify the eradication of private employers and law firm DEI efforts. It is the author’s firm belief that because the Supreme Court’s holding is limited to an analysis of the Constitution’s Equal Protection clause (limited to state actors) and Title VI (covering private actions receiving federal funding), that ruling should not be used by courts to quash DEI programs designed to level the employment playing field for minorities, women and other protected …
Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, 2024 Alexander Blewett III School of Law at the University of Montana
Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn
Student Scholarship
A catalog of the Local ADR Rules for the Montana Judicial District Courts, including rules about settlement conferences, mediation, and informal domestic relations trials.
The Antidote Of Free Speech: Censorship During The Pandemic, 2024 The Catholic University of America, Columbus School of Law
The Antidote Of Free Speech: Censorship During The Pandemic, Christopher Keleher
Catholic University Law Review
Free speech in America stands at a precipice. The nation must decide if the First Amendment protects controversial, unconventional, and unpopular speech, or only that which is mainstream, fashionable, and government-approved. This debate is one of many legal battles brought to the fore during Covid-19. But the fallout of the free speech question will transcend Covid-19.
During the pandemic, the federal government took unprecedented steps to pressure private entities to push messages it approved and squelch those it did not. The Supreme Court will soon grapple with the issue of censorship during the pandemic. This article examines this litigation, along …
Rwu Law Alumni Newsletter April 2024, 2024 Roger Williams University
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
RWU Law
No abstract provided.
Changemakers: Terrence Haas : Juris Doctorate : Adventures In Law, 2024 Roger Williams University
Changemakers: Terrence Haas : Juris Doctorate : Adventures In Law, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Discovering Significant Topics From Legal Decisions With Selective Inference, 2024 Singapore Management University
Discovering Significant Topics From Legal Decisions With Selective Inference, Jerrold Tsin Howe Soh
Research Collection Yong Pung How School Of Law
We propose and evaluate an automated pipeline for discovering significant topics from legal decision texts by passing features synthesized with topic models through penalized regressions and post-selection significance tests. The method identifies case topics significantly correlated with outcomes, topic-word distributions which can be manually interpreted to gain insights about significant topics, and case-topic weights which can be used to identify representative cases for each topic. We demonstrate the method on a new dataset of domain name disputes and a canonical dataset of European Court of Human Rights violation cases. Topic models based on latent semantic analysis as well as language …
Secrets, Secrets Are No Fun: Supreme Court Of Georgia Expands The Possible Remedies For A Confidential Breach Of Fiduciary Relationship And Analyzed Certified Questions Of Law, 2024 Mercer University School of Law
Secrets, Secrets Are No Fun: Supreme Court Of Georgia Expands The Possible Remedies For A Confidential Breach Of Fiduciary Relationship And Analyzed Certified Questions Of Law, Olivia M. Sanders
Mercer Law Review
The crux of the Supreme Court of Georgia’s decision in King v. King revolved around one theme: the consequences for a party that fails to disclose information in a confidential and fiduciary relationship. In King, the plaintiff’s difficult circumstances began over three decades earlier when his father died in a plane crash and a wrongful death suit was filed on his behalf. Though the plaintiff became entitled to settlement funds as a result of the wrongful death suit, the plaintiff never received the funds and filed a suit accordingly, alleging that the defendant breached his fiduciary duties and converted the …
Brief For Amici Curiae Legal Scholars Supporting Respondent, 2024 Boston University School of Public Health; Boston University School of Law
Brief For Amici Curiae Legal Scholars Supporting Respondent, Nicole Huberfeld, Timothy S. Jost, Linda C. Mcclain, Wendy E. Parmet, Erwin Chemerinsky, Elizabeth Mccuskey, Danielle Pelfrey Duryea, Gabriel Scheffler, George J. Annas
Faculty Scholarship
QUESTION PRESENTED: Whether the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd, preempts Idaho law in the narrow but important circumstance where terminating a pregnancy is required to stabilize an emergency medical condition that would otherwise threaten serious harm to the pregnant woman’s health but the State prohibits an emergency-room physician from providing that care.
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, 2024 St. Mary's University
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez
The Scholar: St. Mary's Law Review on Race and Social Justice
We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …
Brief Of Professors Of Law, Business, And Economics As Amici Curiae In Support Of Appellees And Affirmance, 2024 Cleveland State University College of Law
Brief Of Professors Of Law, Business, And Economics As Amici Curiae In Support Of Appellees And Affirmance, Christopher L. Sagers, Robert K. Shelquist
Law Faculty Briefs and Court Documents
No abstract provided.