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Lower Court Originalism, Ryan C. Williams 2022 Boston College Law School

Lower Court Originalism, Ryan C. Williams

Boston College Law School Faculty Papers

Originalism is among the most significant and contentious topics in all of constitutional law and has generated a massive literature addressing almost every aspect of the theory. But curiously absent from this literature is any sustained consideration of the distinctive role of lower courts as expositors of constitutional meaning and the particular challenges that such courts may confront in attempting to incorporate originalist interpretive methods into their own decisionmaking. Like most constitutional theories, originalism has tended to focus myopically on a select handful of decisionmakers—paradigmatically, the Justices of the Supreme Court—as the principal expositors of constitutional meaning. While ...


Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew 2022 University at Buffalo Law School

Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew

Indiana Law Journal

What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the ...


Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson 2022 UC Davis

Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson

Indiana Law Journal

This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S. immigration law and policy.

Responding to sustained political pressure from the West, Congress in 1882 passed the Chinese Exclusion Act, an infamous piece of unabashedly racist legislation that commenced a long process of barring immigration from all of Asia to the United States. In upholding the Act, the Supreme ...


Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger 2022 University of Louisville

Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger

The Cardinal Edge

No abstract provided.


The Court And Limits On The Administrative State, Institute of Bill of Rights Law at The College of William & Mary Law School 2022 William & Mary Law School

The Court And Limits On The Administrative State, Institute Of Bill Of Rights Law At The College Of William & Mary Law School

Supreme Court Preview

No abstract provided.


Abortion Litigation And Second Amendment Litigation After Dobbs And Bruen, Institute of Bill of Rights Law at The College of William & Mary Law School 2022 William & Mary Law School

Abortion Litigation And Second Amendment Litigation After Dobbs And Bruen, Institute Of Bill Of Rights Law At The College Of William & Mary Law School

Supreme Court Preview

No abstract provided.


The Court And Religion, Institute of Bill of Rights Law at The College of William & Mary Law School 2022 William & Mary Law School

The Court And Religion, Institute Of Bill Of Rights Law At The College Of William & Mary Law School

Supreme Court Preview

No abstract provided.


Judging Hard Cases, Institute of Bill of Rights Law at The College of William & Mary Law School 2022 William & Mary Law School

Judging Hard Cases, Institute Of Bill Of Rights Law At The College Of William & Mary Law School

Supreme Court Preview

No abstract provided.


The Roberts Court And Race, Institute of Bill of Rights Law at The College of William & Mary Law School 2022 William & Mary Law School

The Roberts Court And Race, Institute Of Bill Of Rights Law At The College Of William & Mary Law School

Supreme Court Preview

No abstract provided.


The Roberts Court After A Seismic Term, Institute of Bill of Rights Law at The College of William & Mary Law School 2022 William & Mary Law School

The Roberts Court After A Seismic Term, Institute Of Bill Of Rights Law At The College Of William & Mary Law School

Supreme Court Preview

No abstract provided.


Moot Court, Institute of Bill of Rights Law at The College of William & Mary Law School 2022 William & Mary Law School

Moot Court, Institute Of Bill Of Rights Law At The College Of William & Mary Law School

Supreme Court Preview

No abstract provided.


Granted Cases, Institute of Bill of Rights Law at The College of William & Mary Law School 2022 William & Mary Law School

Granted Cases, Institute Of Bill Of Rights Law At The College Of William & Mary Law School

Supreme Court Preview

No abstract provided.


2022-2023 Supreme Court Preview: Schedule Of Events, Institute of Bill of Rights Law at The College of William & Mary Law School 2022 William & Mary Law School

2022-2023 Supreme Court Preview: Schedule Of Events, Institute Of Bill Of Rights Law At The College Of William & Mary Law School

Supreme Court Preview

No abstract provided.


2022-2023 Supreme Court Preview: Panelist Biographies, Institute of Bill of Rights Law at The College of William & Mary Law School 2022 William & Mary Law School

2022-2023 Supreme Court Preview: Panelist Biographies, Institute Of Bill Of Rights Law At The College Of William & Mary Law School

Supreme Court Preview

No abstract provided.


2022-2023 Supreme Court Preview: Digital Notebook (Cover Page), Institute of Bill of Rights Law at The College of William & Mary Law School 2022 William & Mary Law School

2022-2023 Supreme Court Preview: Digital Notebook (Cover Page), Institute Of Bill Of Rights Law At The College Of William & Mary Law School

Supreme Court Preview

No abstract provided.


“Let's Hear It From The Girls”: Abortion Activism At Cal Poly, 1970-1980, Michelle L. Mueller 2022 Cal Poly, San Luis Obispo

“Let's Hear It From The Girls”: Abortion Activism At Cal Poly, 1970-1980, Michelle L. Mueller

The Forum: Journal of History

No abstract provided.


The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski 2022 Brigham Young University Law School

The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski

BYU Law Review

Congress has always imposed an amount in controversy requirement for general diversity jurisdiction. Congress initially set the jurisdictional amount at $500 in 1789 and has raised it six times, most recently in 1996 to its current $75,000 threshold. That requirement has been described as ensuring that the federal courts not become bogged down by “petty” or “insubstantial” state-law cases. Given that it has been twenty-five years since the last increase, we are probably overdue for another one. But to what amount? For what purpose? And with what effects on the size and composition of the diversity docket? What would ...


Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra 2022 Universitas Indonesia

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory ...


Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana 2022 Universitas Indonesia

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of ...


Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi 2022 Universitas Indonesia

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the ...


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