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Moore V. Texas: Balancing Medical Advancements With Judicial Stability, Emily Taft 2017 Duke Law

Moore V. Texas: Balancing Medical Advancements With Judicial Stability, Emily Taft

Duke Journal of Constitutional Law & Public Policy Sidebar

In Moore v. Texas, the Supreme Court will consider whether the Eighth Amendment requires States to adhere to a particular organization’s most recent clinical definition of intellectual disability in determining whether a person is exempt from the death penalty under Atkins v. Virginia and Hall v. Florida. Generally, the Supreme Court has carved away at the death penalty with each new case it takes. This commentary argues that the Supreme Court should not continue that trend in this case and should find for Texas because the state’s intellectual disability determination is consistent with the Eighth Amendment under Atkins ...


Flight Risk Or Danger To The Community? Rodriguez And The Protection Of Civil Liberties In The U.S. Immigration System, Charlie Kazemzadeh 2017 Duke Law

Flight Risk Or Danger To The Community? Rodriguez And The Protection Of Civil Liberties In The U.S. Immigration System, Charlie Kazemzadeh

Duke Journal of Constitutional Law & Public Policy Sidebar

Upon arrival to the United States, foreign nationals are required to prove beyond a doubt that they comply with the various requirements for admission into the country. For those who fail to meet this standard, there are only two options: accept immediate removal to their country of origin, or fight removal. For many who contest their deportation, their fate is civil incarceration until their case is adjudicated, which can take several years. The case of Jennings v. Rodriguez addresses the constitutionality of prolonged civil incarceration without the access of mandatory, periodic bond hearings for these individuals.


Textualism And Originalism In Constitutional Interpretation, John M. Greabe 2017 University of New Hampshire School of Law

Textualism And Originalism In Constitutional Interpretation, John M. Greabe

Legal Scholarship

[Excerpt] "In a 2016 lecture at the Case Western Reserve University School of Law, Judge Neil Gorsuch warmly praised former Supreme Court Justice Antonin Scalia's approach to constitutional interpretation. Because President Trump has nominated him to serve on the Supreme Court, it is important to understand the approach Judge Gorsuch favors."


A House Built On Shifting Sands: Standing Under The Fair Housing Act After Thompson V. North American Stainless, Eric Vanderhoef 2017 Duke Law

A House Built On Shifting Sands: Standing Under The Fair Housing Act After Thompson V. North American Stainless, Eric Vanderhoef

Duke Journal of Constitutional Law & Public Policy Sidebar

For decades, the Supreme Court construed standing under the Fair Housing Act broadly; any party could bring suit as long as it met Constitutional Standing requirements. In January 2011, in Thompson v. North American Stainless, the Court restricted standing under Title VII—a statute with similar empowering language to the Fair Housing Act. The Court will address Fair Housing Act standing post-Thompson in Bank of America Corp. v. City of Miami. This commentary argues that standing under the Fair Housing Act should be restricted. Additionally, it argues that the allegations of the Plaintiff-Respondent, City of Miami, of widespread reductions in ...


Who Has Standing? Why The Supreme Court's Holding In Hollingsworth V. Perry Empowers Politicians At The Expense Of Citizens, Omar Subat 2017 St. John's University School of Law

Who Has Standing? Why The Supreme Court's Holding In Hollingsworth V. Perry Empowers Politicians At The Expense Of Citizens, Omar Subat

Journal of Civil Rights and Economic Development

No abstract provided.


Precedent And Speech, Randy J. Kozel 2017 Notre Dame Law School

Precedent And Speech, Randy J. Kozel

Michigan Law Review

The U.S. Supreme Court has shown a notable willingness to reconsider its First Amendment precedents. In recent years, the Court has departed from its prior statements regarding the constitutional value of false speech. It has revamped its process for identifying categorical exceptions to First Amendment protection. It has changed its positions on corporate electioneering and aggregate campaign contributions. In short, it has revised the ground rules of expressive freedom in ways large and small. The Court generally describes its past decisions as enjoying a presumption of validity through the doctrine of stare decisis. This Article contends that within the ...


Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar 2017 The Graduate Center, City University of New York

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three ...


A Sociological Perspective Of Racism And The Supreme Court, Sidney M. Willhelm 2017 St. John's University School of Law

A Sociological Perspective Of Racism And The Supreme Court, Sidney M. Willhelm

The Catholic Lawyer

No abstract provided.


Reed V. Town Of Gilbert: Relax, Everybody, Enrique Armijo 2017 Elon University School of Law

Reed V. Town Of Gilbert: Relax, Everybody, Enrique Armijo

Boston College Law Review

In Reed v. Town of Gilbert, the U.S. Supreme Court held that a law is content-based if it draws distinctions on its face based on the message an affected speaker conveys. Reed rejected previous lower court interpretations of the Court’s content discrimination doctrine, which had consistently held that a content-based law was not subject to strict scrutiny if its reference to content was not based on government disapproval of that content. Reed has set off a firestorm. The justices who concurred in the judgment warned that the case’s rule would cast doubt on a range of government ...


Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins 2017 William & Mary Law School

Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins

Popular Media

No abstract provided.


Further Comment On People V. Belous, 2017 St. John's University School of Law

Further Comment On People V. Belous

The Catholic Lawyer

No abstract provided.


The Textbook Case, Patrick S. Duffy 2017 St. John's University School of Law

The Textbook Case, Patrick S. Duffy

The Catholic Lawyer

No abstract provided.


Violating Equal Protection: Lynch V. Morales-Santana And The Ina’S Sex Discriminatory Physical Presence Requirement, Courtney Magnus 2017 Duke Law

Violating Equal Protection: Lynch V. Morales-Santana And The Ina’S Sex Discriminatory Physical Presence Requirement, Courtney Magnus

Duke Journal of Constitutional Law & Public Policy Sidebar

In Lynch v. Morales-Santana, the Supreme Court will consider whether the Immigration and Nationality Act’s physical presence requirement scheme violates the Fifth Amendment’s equal protection guarantee. Under 8 U.S.C. §§ 1401(a)(7) and 1409(c) (1952), an unwed U.S. citizen father wishing to convey citizenship at-birth to his child born abroad cannot do so unless he has been physically present in the United States for ten years prior to the child’s birth. In contrast, an unwed citizen mother only needs to be physically present for one continuous year. This commentary argues that because §§ 1401 ...


Emerging Constitutional Conflicts And The Role Of Courts, John M. Greabe 2017 University of New Hampshire School of Law

Emerging Constitutional Conflicts And The Role Of Courts, John M. Greabe

Legal Scholarship

[Excerpt] "When a court exercises judicial review, it tells Congress, the executive branch or a state to refrain from action that is under way or to take some action that is not being taken. Either way, a democratically accountable institution is told that it cannot do what the people (presumably) want it to do, or that it must do what the people (presumably) do not want it to do."


Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins 2017 University of Georgia School of Law

Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins

Georgia Journal of International & Comparative Law

No abstract provided.


Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus III 2017 University of Georgia School of Law

Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus Iii

Georgia Journal of International & Comparative Law

No abstract provided.


The Triangle Of Law And The Role Of Evidence In Class Action Litigation, Jonah B. Gelbach 2017 University of Pennsylvania Law School

The Triangle Of Law And The Role Of Evidence In Class Action Litigation, Jonah B. Gelbach

Faculty Scholarship

In Tyson Foods v. Bouaphakeo, a "donning and doffing" case brought under Iowa state law incorporating the Fair Labor Standards Act's overtime pay provisions, the petitioners asked the Supreme Court to reject the use of statistical evidence in Rule 23(b)(3) class certification. To its great credit, the Court refused. In its majority opinion, the Court cited both the Federal Rules of Evidence and federal common law interpreting the FLSA. In this paper, I take a moderately deep dive into the facts of the case, and the three opinions penned by Justice Kennedy (for the Court), Chief Justice ...


Judges’ Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss 2017 University of Colorado Law School

Judges’ Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss

Articles

No abstract provided.


The Supreme Court’S Limited Public Forum, Sonja R. West 2017 University of Georgia School of Law

The Supreme Court’S Limited Public Forum, Sonja R. West

Scholarly Works

When discussing the issue of transparency at the United States Supreme Court, most commentators focus on the line between public and private. Yet, transparency is not always such a black-or-white issue. There are, in fact, a surprising number of significant Court moments that occur neither wholly in public nor completely in private. Through policies that obstruct access by the general public and exploit real-world limitations on the press and practitioners, the justices have crafted a grey area in which they can be “public,” yet only to select audiences. The effect is that few outside the courtroom ever learn about these ...


Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade 2017 University of Georgia School of Law

Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade

Scholarly Works

Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court’s jurisprudence across a range of substantive and procedural challenges over the last fifteen years increases or preserves structural opportunities for equitable balancing at multiple levels in the deportation process. Notably, the Court has endorsed decision makers’ consideration of the normative justifiability of deportation even where noncitizens have a criminal history or lack a formal path to lawful ...


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