Clarence Thomas The Questioner,
2017
S.J. Quinney College of Law, University of Utah
Clarence Thomas The Questioner, Ronnell Anderson Jones
Utah Law Faculty Scholarship
One of Justice Clarence Thomas’s most remarked upon characteristics is his reluctance to ask questions during oral argument. Many have criticized him for his silence. Others defend his silence, noting, for instance, that historically oral argument played a much less significant role and that the Justice’s written opinions speak for themselves. What has been overlooked in this debate, however, is the fact that Justice Thomas is talented at asking questions. Indeed, in many ways, he is a model questioner. Drawing on the most comprehensive collection of Thomas’s oral argument questions ever compiled, we urge the Justice to ask more questions …
Zone Of Nondeference: Chevron And Deportation For A Crime,
2017
University of Miami School of Law
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Articles
No abstract provided.
Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption,
2017
Brooklyn Law School
Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption, Anna Hanke
Journal of Law and Policy
In Chevron Corp. v. Steven Donziger, the Southern District of New York granted Chevron an injunction against Donziger under the Racketeer Influenced and Corrupt Organizations (RICO) Act, preventing the enforcement of an Ecuadorean judgment against it in the United States. This Note discusses the circuit court split on whether injunctive relief may be granted in a civil RICO suit, arguing that injunctive relief is an available remedy within the statute’s plain meaning, legislative intent, and evolving jurisprudence of civil RICO. The Note applies the Donziger interpretation of RICO to a case of a similarly corrupted judgment, Caperton v. A.T. Massey …
Free Agency: The Constitutionality Of Methods That Influence A Presidential Elector’S Ability To Exercise Personal Judgment,
2017
Brooklyn Law School
Free Agency: The Constitutionality Of Methods That Influence A Presidential Elector’S Ability To Exercise Personal Judgment, Zachary J. Shapiro
Journal of Law and Policy
When the Constitution of the United States went into effect on March 4, 1789, it established a new, hybrid form of government. As such, it created a complex and multifaceted process of electing our nation’s chief executive. Most notably, it granted states the power to choose a slate of presidential electors to debate the qualifications of the candidates selected by the voters. In recent history, however, certain states have established laws that severely limit the ability of presidential electors to exercise their right to vote for the candidates that they believe to be the best choice to sit in the …
Marriage Equality: The Paralleled Progress Between Public Approval And Supreme Court Decisionmaking,
2017
Florida State University College of Law
Marriage Equality: The Paralleled Progress Between Public Approval And Supreme Court Decisionmaking, Riley Erin Fredrick
Florida State University Law Review
No abstract provided.
Judicial Departmentalism: An Introduction,
2017
The Catholic University of America, Columbus School of Law
Judicial Departmentalism: An Introduction, Kevin C. Walsh
Scholarly Articles
This Article introduces the idea of judicial departmentalism and argues for its superiority to judicial supremacy. Judicial supremacy is the idea that the Constitution means for everybody what the Supreme Court says it means in deciding a case. Judicial departmentalism, by contrast, is the idea that the Constitution means in the judicial department what the Supreme Court says it means in deciding a case. Within the judicial department, the law of judgments, the law of remedies, and the law of precedent combine to enable resolutions by the judicial department to achieve certain kinds of settlements. Judicial departmentalism holds that these …
The Perils And Possibilities Of Refugee Federalism,
2017
American University Washington College of Law
The Perils And Possibilities Of Refugee Federalism, Burch Elias
American University Law Review
No abstract provided.
Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise,
2017
Loyola Marymount University and Loyola Law School
Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon
Loyola of Los Angeles Law Review
Last Term’s decision in James v. City of Boise encapsulates the current civil rights turmoil and the legal system’s inadequate response to it. In James ̧ the U.S. Supreme Court reversed a decision in which the Idaho Supreme Court (1) awarded attorney’s fees against a civil rights plaintiff despite her credible claim of excessive police force and (2) denied that it was bound by U.S. Supreme Court decisions interpreting the federal statute authorizing the award. Although the Court in James reaffirmed the state courts’ well-settled duty to obey the Court’s decisions on federal law, this article shows that the duty …
Spokeo Misspeaks,
2017
Loyola Law School, Los Angeles
Spokeo Misspeaks, Lauren E. Willis
Loyola of Los Angeles Law Review
Most commentators have critiqued the Supreme Court’s opinion in Spokeo, Inc. v. Robins for failing to answer the question presented. But in important ways, the Spokeo opinion does not merely fail to speak—it affirmatively misspeaks. This essay suggests that underlying the Justices’ inability to see how standing law ought to apply to the facts in Spokeo is a failure to appreciate the power that consumer reports have over individuals’ life prospects today. Worse, the Justices’ unawareness of their own ignorance leads them to afford Congress little deference in identifying injuries occurring in our new information society. Their meta-ignorance also induces …
Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff,
2017
Roger Williams University School of Law
Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff, Emily Sack
Law Faculty Scholarship
No abstract provided.
Navigating The Rubicon: Constitutionalism And The Inevitability Of The Social Contract, 51 J. Marshall L. Rev. 1 (2017),
2017
UIC School of Law
Navigating The Rubicon: Constitutionalism And The Inevitability Of The Social Contract, 51 J. Marshall L. Rev. 1 (2017), Lillian M. Spiess
UIC Law Review
No abstract provided.
The Corporation In The Marketplace Of Ideas, 51 J. Marshall L. Rev. 19 (2017),
2017
UIC School of Law
The Corporation In The Marketplace Of Ideas, 51 J. Marshall L. Rev. 19 (2017), Matthew Telleen
UIC Law Review
No abstract provided.
Amici Curiae In The United States Supreme Court And The Australian High Court: A Lesson In Balancing Amicability, 51 J. Marshall L. Rev. 81 (2017),
2017
UIC School of Law
Amici Curiae In The United States Supreme Court And The Australian High Court: A Lesson In Balancing Amicability, 51 J. Marshall L. Rev. 81 (2017), Benjamin Robert Hopper
UIC Law Review
No abstract provided.
Lafler V. Cooper's Remedy: A Weak Response To A Constitutional Violation,
2017
Notre Dame Law School
Lafler V. Cooper's Remedy: A Weak Response To A Constitutional Violation, Matthew T. Ciulla
Notre Dame Law Review Reflection
The Lafler v. Cooper Court should have chosen the remedy of specific performance of the original plea bargain. The specific performance remedy, long implemented by federal courts in Lafler-like scenarios, and ordered by the district court in Lafler, precisely cures the Lafler injury—the accused regains the ability to accept the original plea offer, except he now has the benefit of effective assistance of counsel. The specific performance remedy, when coupled with the safeguards of the Strickland prongs, poses little risk of abuse, and gives heft to the Sixth Amendment’s guarantee of effective assistance of counsel in the plea …
Carpenter V. United States: Brief Of Scholars Of Criminal Procedure And Privacy As Amici Curiae In Support Of Petitioner,
2017
American University Washington College of Law
Carpenter V. United States: Brief Of Scholars Of Criminal Procedure And Privacy As Amici Curiae In Support Of Petitioner, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
Amici curiae are forty-two scholars engaged in significant research and/or teaching on criminal procedure and privacy law. This brief addresses issues that are within amici’s particular areas of scholarly expertise. They have a shared interest in clarifying the law of privacy in the digital era, and believe that a review of scholarly literature on the topic is helpful to answering the question in this case. This brief is co-authored by Harry Sandick, Kathrina Szymborski, & Jared Buszin of Patterson Belknap Webb & Tyler LLP.Carpenter v. United States presents an opportunity to reconsider the Fourth Amendment in the digital age. Cell …
The Foreign Emoluments Clause: Protecting Our National Security Interests,
2017
Brooklyn Law School
The Foreign Emoluments Clause: Protecting Our National Security Interests, Deborah Samuel Sills
Journal of Law and Policy
Classical republican ideals played an important role in the formation of our country. Guided by these ideals, several provisions were included in the Constitution to protect the United States from these harms, including the Emoluments Clause. This Clause prohibits United States officials from accepting certain types of benefits from foreign nations, except with Congress's consent. It protects our national interests by ensuring that federal officials remain free from improper pressures from foreign states and act for the welfare of our country. This provision promotes transparency and accountability and helps guard against corrupt influences that could undermine, and even destroy, a …
Free Agency: The Constitutionality Of Methods That Influence A Presidential Elector’S Ability To Exercise Personal Judgment,
2017
Brooklyn Law School
Free Agency: The Constitutionality Of Methods That Influence A Presidential Elector’S Ability To Exercise Personal Judgment, Zachary J. Shapiro
Journal of Law and Policy
When the Constitution of the United States went into effect on March 4, 1789, it established a new, hybrid form of government. As such, it created a complex and multifaceted process of electing our nation’s chief executive. Most notably, it granted states the power to choose a slate of presidential electors to debate the qualifications of the candidates selected by the voters. In recent history, however, certain states have established laws that severely limit the ability of presidential electors to exercise their right to vote for the candidates that they believe to be the best choice to sit in the …
Originalist Law Reform, Judicial Departmentalism, And Justice Scalia,
2017
The Catholic University of America, Columbus School of Law
Originalist Law Reform, Judicial Departmentalism, And Justice Scalia, Kevin C. Walsh
Scholarly Articles
Drawing on examples from Justice Antonin Scalia's jurisprudence, this Essay uses the perspective of judicial departmentalism to examine the nature and limits of two partially successful originalist law reforms in recent years. It then shifts to an examination of how a faulty conception of judicial supremacy drove a few nonoriginalist changes in the law that Scalia properly dissented from. Despite the mistaken judicial supremacy motivating these decisions, a closer look reveals them to be backhanded tributes to judicial departmentalism because of the way that the Court had to change jurisdictional and remedial doctrines to accomplish its substantive-law alterations. The Essay …
The Disparate Impact Canon,
2017
Florida State University College of Law
The Disparate Impact Canon, Michael T. Morley
Scholarly Publications
No abstract provided.
The Impact Of Wal-Mart V. Dukes On Employment Discrimination Class Actions Five Years Out: A Forecast That Suggests More Of A Wave Than A Tsunami,
2017
University of Colorado Law School
The Impact Of Wal-Mart V. Dukes On Employment Discrimination Class Actions Five Years Out: A Forecast That Suggests More Of A Wave Than A Tsunami, Suzette M. Malveaux
Publications
No abstract provided.
