Open Access. Powered by Scholars. Published by Universities.®

Supreme Court of the United States Commons

Open Access. Powered by Scholars. Published by Universities.®

4,117 Full-Text Articles 2,525 Authors 745,820 Downloads 126 Institutions

All Articles in Supreme Court of the United States

Faceted Search

4,117 full-text articles. Page 1 of 102.

Left With No Name: How Government Action In Intra-Church Trademark Disputes Violates The Free Exercise Clause Of The First Amendment, Mary Kate Nicholson 2019 Washington and Lee University School of Law

Left With No Name: How Government Action In Intra-Church Trademark Disputes Violates The Free Exercise Clause Of The First Amendment, Mary Kate Nicholson

Washington and Lee Law Review

The United States was founded in part on the principle of freedom of religion, where citizens were free to practice any religion. The founding fathers felt so strongly about this principle that it was incorporated into the First Amendment. The Free Exercise Clause states that “Congress shall make no law . . . prohibiting the free exercise thereof . . . .” The Supreme Court later adopted the neutral principles approach to avoid Free Exercise violations resulting from courts deciding real property disputes. Without the application of the same neutral principles to intellectual property disputes between churches, however, there is real danger of violating the Free Exercise ...


An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers 2019 Cleveland-Marshall College of Law, Cleveland State University

An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers

Chris Sagers

This Note contends that consumers should have a private damages action under section 10. Part I discusses the method federal courts currently employ to determine whether a private cause of action should be recognized under a given federal statute. Part II applies this standard to section 10, and it argues that, although the federal courts currently exhibit a fairly restrictive attitude toward implication of remedies, an action should be implied under section 10 because the Real Estate Settlement Procedures Act of 1974 (RESPA) was enacted at a time when Congress relied on a more permissive judicial implication doctrine. Finally, Part ...


Fourth Amendment Textualism, Jeffrey Bellin 2019 William & Mary Law School

Fourth Amendment Textualism, Jeffrey Bellin

Michigan Law Review

The Fourth Amendment’s prohibition of “unreasonable searches” is one of the most storied constitutional commands. Yet after decades of Supreme Court jurisprudence, a coherent definition of the term “search” remains surprisingly elusive. Even the justices know they have a problem. Recent opinions only halfheartedly apply the controlling “reasonable expectation of privacy” test and its wildly unpopular cousin, “third-party doctrine,” with a few justices in open revolt.

These fissures hint at the Court’s openness to a new approach. Unfortunately, no viable alternatives appear on the horizon. The justices themselves offer little in the way of a replacement. And scholars ...


Herrera V. Wyoming, Dylan M. Jaicks 2019 Alexander Blewett III School of Law at the University of Montana

Herrera V. Wyoming, Dylan M. Jaicks

Public Land & Resources Law Review

Stemming from the conviction of a Crow tribal member for illegal hunting, Herrera v. Wyoming reignited long-running questions concerning treaty abrogation and precedent. In an effort to clarify conflicting case law, the Supreme Court upheld the Crow Tribe’s reserved hunting rights and rejected the argument that statehood extinguished such rights.


Sturgeon V. Frost, Layne L. Ryerson 2019 Alexander Blewett III School of Law at the University of Montana

Sturgeon V. Frost, Layne L. Ryerson

Public Land & Resources Law Review

After two trips to the United States Supreme Court, an Alaskan moose hunter secured motorized access to his hunting ground while establishing Alaska as the exception, rather than the rule, regarding federal land management. In a much-anticipated holding, the Court determined that the surface waters of the Nation River within the Yukon-Charley Rivers National Preserve qualify as “private” land and therefore fall beyond the control of the National Park Service. The decision stripped the Park Service of normal regulatory authority over navigable waters within Alaska’s national parks, prompting a concurrence urging Congress to clarify resulting ambiguities.


Implications Of The Altmann Decision On Former Yugoslav States, Milena Sterio 2019 Cleveland-Marshall College of Law, Cleveland State University

Implications Of The Altmann Decision On Former Yugoslav States, Milena Sterio

Milena Sterio

The law of state succession is one of the most complicated areas of law. Scholars and politicians have seldom reached a consensus on the exact public international law rules in this area. The recent breakup of former Yugoslavia exemplifies some of the difficulties relating to, inter alia, the distinction between dissolution and secession, the allocation of debt and assets among successor states, and more particularly, the resolution of individual disputes among citizens of former Yugoslav republics. The latter issue has been particularly important, as numerous individuals have lost their life savings and immovable property during the internal war that ravaged ...


Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins 2019 Cleveland-Marshall College of Law, Cleveland State University

Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins

Lauren M Collins

Review of documentary series Voices of American Law (Thomas B. Metzloff & Sarah Wood, producers)


The Heritage Guide To The Constitution, Second Edition: What Has Changed Over The Past Decade, And What Lies Ahead?, David Forte, Edwin Meese III, Matthew Spalding 2019 Cleveland State University, Cleveland-Marshall College of Law

The Heritage Guide To The Constitution, Second Edition: What Has Changed Over The Past Decade, And What Lies Ahead?, David Forte, Edwin Meese Iii, Matthew Spalding

David F. Forte

The Heritage Guide to the Constitution, first released in 2005, brought together more than 100 of the nation’s best legal experts to provide line-by-line examination of each clause of the Constitution and its contemporary meaning—the first such comprehensive commentary to appear in many decades. The Heritage Guide to the Constitution: Fully Revised Second Edition takes into account a decade of Supreme Court decisions and legal scholarship on such issues as gun rights, religious freedom, campaign finance, civil rights, and health care reform. The Founders’ guiding principles remain unchanged, yet a number of Supreme Court decisions over the past ...


"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon 2019 Cleveland-Marshall College of Law, Cleveland State University

"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon

Lee Fisher

The authors provide varying opinions on the Second Amendment.


The Uncopyrightability Of Edicts Of Government, Shyamkrishna Balganesh, Peter S. Menell 2019 University of Pennsylvania Law School

The Uncopyrightability Of Edicts Of Government, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship at Penn Law

This amicus brief filed in the Supreme Court appeal of Georgia, et al., v. Public.Resource.Org.,explores the interplay of copyright law and the edicts of government doctrine. The “edicts of government” doctrine was first validated by the U.S. Supreme Court in a series of nineteenth century cases. Wheaton v. Peters, 33 U.S. (8 Pet.) 591 (1834); Banks v. Manchester, 128 U.S. 244 (1888); Callaghan v. Meyers, 128 U.S. 617 (1888). While the doctrine has never been directly recognized in the express wording of the copyright statute, it is nevertheless firmly rooted in foundational copyright ...


Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir 2019 Cleveland-Marshall College of Law, Cleveland State University

Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir

Doron M Kalir

In Obergefell v. Hodges, the Supreme Court closed the door on one issue only to open the floodgates to another. While recognizing a constitutional right for same-sex marriage, the Court also legitimized religious objections to such unions, practically inviting complex legal challenges to its doors. In doing so, the Court also called for an "open and searching debate" on the issue. This Article seeks to trigger such debate.

For millennia, objections to same-sex marriage were cast in religious and moral terms. The Jewish Bible ("Old Testament"), conventional wisdom argues, provided three demonstrable proofs of the Bible's abhorrence of same-sex ...


The Federalist Society Majority, Lawrence Baum, Neal Devins 2019 William & Mary Law School

The Federalist Society Majority, Lawrence Baum, Neal Devins

Neal E. Devins

No abstract provided.


Texas, The Death Penalty, And Intellectual Disability, Megan Green 2019 St. Mary's University School of Law

Texas, The Death Penalty, And Intellectual Disability, Megan Green

St. Mary's Law Journal

Abstract forthcoming


National Injunctions And Preclusion, Zachary D. Clopton 2019 Northwestern Pritzker School of Law

National Injunctions And Preclusion, Zachary D. Clopton

Michigan Law Review

Critics of national injunctions are lining up. Attorney General Jeff Sessions labeled these injunctions “absurd” and “simply unsustainable.” Justice Clarence Thomas called them “legally and historically dubious,” while Justice Neil Gorsuch mockingly referred to them as “cosmic injunctions.” Scholars in leading law reviews have called for their demise. Critics argue that national injunctions encourage forum shopping, unfairly burden the federal government, and depart from the history of equity. They also claim that national injunctions contradict the Supreme Court’s decision in United States v. Mendoza to exempt the federal government from offensive nonmutual issue preclusion—a doctrine that permits nonparties ...


Indiana University's Storied Past, Austen L. Parrish 2019 Indiana University Maurer School of Law

Indiana University's Storied Past, Austen L. Parrish

Austen Parrish (2014-)

Indiana University celebrates its bicentennial this year, and the excitement is building on the Bloomington campus. Although the Maurer School of Law is a few years younger – we were founded in 1842 – we are joining the festivities with a yearlong list of events that honor our past and look toward the future.


Article Ii And Antidiscrimination Norms, Aziz Z. Huq 2019 University of Chicago Law School

Article Ii And Antidiscrimination Norms, Aziz Z. Huq

Michigan Law Review

The Supreme Court’s opinion in Trump v. Hawaii validated a prohibition on entry to the United States from several Muslim-majority countries and at the same time repudiated a longstanding precedent associated with the Japanese American internment of World War II. This Article closely analyzes the relationship of these twin rulings. It uses their dichotomous valences as a lens on the legal scope for discriminatory action by the federal executive. Parsing the various ways in which the internment of the 1940s and the 2017 exclusion order can be reconciled, the Article identifies a tension between the Court’s two holdings ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum 2019 William & Mary Law School

Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum

Neal E. Devins

No abstract provided.


The Rise Of The Viewpoint-Discrimination Principle, Lackland H. Bloom Jr. 2019 Southern Methodist University, Dedman School of Law

The Rise Of The Viewpoint-Discrimination Principle, Lackland H. Bloom Jr.

SMU Law Review Forum

The Supreme Court’s freedom-of-speech jurisprudence is complicated. There are few hard and fast rules. One is that judicially-imposed prior restraints on speech are hardly ever permissible. In recent years, another hard and fast rule appears to have developed. It is that the government may never prohibit speech simply on account of its viewpoint. It remains unclear whether this is a per se prohibition or whether such viewpoint-focused regulation must overcome the all but insurmountable burden of serious strict scrutiny. In any event, any governmental rule that attempts to regulate speech based on its point of view will almost certainly ...


Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins 2019 William & Mary Law School

Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins

Neal E. Devins

With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation ...


Digital Commons powered by bepress