The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, 10 Wm. & Mary Bill Rts. J. 249 (2002), 2015 John Marshall Law School
The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, 10 Wm. & Mary Bill Rts. J. 249 (2002), Samuel R. Olken
Samuel R. Olken
In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …
Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), 2015 John Marshall Law School
Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken
Samuel R. Olken
No abstract provided.
Chief Justice John Marshall In Historical Perspective, 31 J. Marshall L. Rev. 137 (1997), 2015 John Marshall Law School
Chief Justice John Marshall In Historical Perspective, 31 J. Marshall L. Rev. 137 (1997), Samuel R. Olken
Samuel R. Olken
No abstract provided.
Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), 2015 John Marshall Law School
Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken
Samuel R. Olken
No abstract provided.
Dirks And The Genesis Of Personal Benefit, 2015 University of Michigan law School
Dirks And The Genesis Of Personal Benefit, Adam C. Pritchard
Articles
In United States v. Newman, the Second Circuit overturned the insider trading convictions of two hedge fund managers who received material nonpublic information from public companies via an extended tipping chain. The Newman court interpreted the Supreme Court's decision in Dirks v. SEC as requiring that the government prove: (1) that the tippee knew that the tipper was disclosing the information in exchange for a personal benefit; and (2) that if the personal benefit does not involve a quid pro quo to the tipper, that the disclosure arise from a "meaningfully close personal relationship" with the recipient of the …
"The Stepford Justices": The Need For Experiential Diversity On The Roberts Court, 60 Okla. L. Rev. 701 (2007), 2015 The John Marshall Law School, Chicago
"The Stepford Justices": The Need For Experiential Diversity On The Roberts Court, 60 Okla. L. Rev. 701 (2007), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Scalia's Poker: Puzzles And Mysteries In Constitutional Interpretation, 24 Const. Comment. 663 (2007), 2015 The John Marshall Law School, Chicago
Scalia's Poker: Puzzles And Mysteries In Constitutional Interpretation, 24 Const. Comment. 663 (2007), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Harlan On My Mind: Chief Justice Roberts And The Affordable Care Act, 3 Cal. L. Rev. Circ. 170 (2012), 2015 John Marshall Law School
Harlan On My Mind: Chief Justice Roberts And The Affordable Care Act, 3 Cal. L. Rev. Circ. 170 (2012), Timothy O'Neill
Timothy P. O'Neill
No abstract provided.
“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), 2015 The John Marshall Law School, Chicago
“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Law And The Argumentative Theory, 90 Or. L. Rev. 837 (2012), 2015 The John Marshall Law School, Chicago
Law And The Argumentative Theory, 90 Or. L. Rev. 837 (2012), Timothy P. O'Neill
Timothy P. O'Neill
Like many law professors, I have coached my share of moot court teams. As you probably know, in most competitions students either choose or are assigned one side of the case to brief. But for the oral argument segment of the competition, students must argue both sides of the case, “on-brief” and “off-brief,” often in alternate rounds. At the end of a competition, with their heads still swimming with arguments and counterarguments, students will sometimes ask, “OK, so can you tell us which is the correct side?” I always say, “Of course I can. . . . The correct side …
The Pre-Appointment Experience Of Supreme Court Justices: Response To Professor Barton, 64 Fla. L. Rev. F. 29 (2012), 2015 The John Marshall Law School, Chicago
The Pre-Appointment Experience Of Supreme Court Justices: Response To Professor Barton, 64 Fla. L. Rev. F. 29 (2012), Timothy O'Neill
Timothy P. O'Neill
No abstract provided.
New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), 2015 The John Marshall Law School, Chicago
New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Newsroom: Logan On Judicial Diversity, 2015 Roger Williams University
Newsroom: Logan On Judicial Diversity, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Horwitz On Closed Courtroom Debate, 2015 Roger Williams University
Newsroom: Horwitz On Closed Courtroom Debate, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Judges, Friends, And Facebook: The Ethics Of Prohibition, 24 Geo. J. Legal Ethics 281 (2011), 2015 John Marshall Law School
Judges, Friends, And Facebook: The Ethics Of Prohibition, 24 Geo. J. Legal Ethics 281 (2011), Samuel Vincent Jones
Samuel V. Jones
No abstract provided.
Fun With Administrative Law: A Game For Lawyers And Judges, 2015 Tulane University Law School
Fun With Administrative Law: A Game For Lawyers And Judges, Adam Babich
Michigan Journal of Environmental & Administrative Law
The practice of law is not a game. Administrative law in particular can implicate important issues that impact people’s health, safety, and welfare and change business’ profitability or even viability. Nonetheless, it can seem like a game. This is because courts rarely explain administrative law rulings in terms of the public purposes and policies at issue in lawsuits. Instead, the courts’ administrative law opinions tend to turn on arcane interpretive doctrines with silly names, such as the “Chevron two-step” or “Chevron step zero.” To advance doctrinal arguments, advocates and courts engage in linguistic debates that resemble a smokescreen—tending to obscure …
#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, 2015 Passman & Jones
#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, John Browning
Pace Law Review
In order to better understand witness intimidation in the age of social media, one must examine both the forms it has taken as well as the response by law enforcement and the criminal justice system. As this article points out, the digital age has brought with it a host of new ways in which witnesses may be subjected to online harassment and intimidation across multiple platforms, and those means have been used to target not only victims and fact witnesses but even prosecutors and expert witnesses as well. The article will also examine potential responses to the problem of witness …
Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, 2015 Florida A&M University College of Law
Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry
Pace Law Review
This article will demonstrate how the unregulated use of social media by participants in the justice system (judges, attorneys and jurors specifically) affects the public perception and subsequently the integrity of our justice system. The article will provide a holistic review of social media use by judges, attorneys and jurors, and demonstrate why their use of social media should be harnessed in a manner to ensure compliance with ethical rules and reduce potential negative effects to the social contract between law and society.
Social media is like a culvert. It catches pictures, novelties, personal profiles, gossip, news, unfiltered opinions, and …
Judicial Activism’S Effect On Judicial Elections, 2015 Chapman University
Judicial Activism’S Effect On Judicial Elections, Nick Fernandes
Student Scholar Symposium Abstracts and Posters
High profile Supreme Court cases have become increasingly commonplace, particularly with the Citizens United court decision granting unprecedented rights to corporations. Many in the media have decried these as examples of increasing “judicial activism”. This trend has trickled down to the state supreme courts as justices have increasingly played a more active role in developing policy. Gay marriage has become legalized in numerous states due to this trend. While public sentiment is unlikely to affect the appointed Supreme Court, it could have a substantial impact on state judicial elections.
This paper will specifically be looking at judicial elections in Kentucky. …
Supreme Court Institute Annual Report, 2014-2015, 2015 Georgetown University Law Center
Supreme Court Institute Annual Report, 2014-2015, Georgetown University Law Center, Supreme Court Institute
SCI Papers & Reports
During the 2014-2015 academic year-–corresponding to the U.S. Supreme Court’s October Term (OT) 2014-–the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Supreme Court, offered a variety of programs related to the Supreme Court, and continued to integrate the moot court program into the education of Georgetown Law students. A list of all SCI moot courts held in OT 2014-–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of observers-–follows the narrative portion of this report.