Anthony Kennedy: A Most Principled Justice, 2018 University of Pennsylvania Law School
Anthony Kennedy: A Most Principled Justice, Mitchell N. Berman, David Peters
Faculty Scholarship at Penn Law
After three decades on the Court, Justice Anthony Kennedy remains its most widely maligned member. Concentrating on his constitutional jurisprudence, critics from across the ideological spectrum have derided Justice Kennedy as “a self-aggrandizing turncoat,” “an unprincipled weathervane,” and, succinctly, “America’s worst Justice.” We believe that Kennedy is not as bereft of a constitutional theory as common wisdom maintains. To the contrary, this Article argues, his constitutional decisionmaking reflects a genuine grasp (less than perfect, more than rudimentary) of a coherent and, we think, compelling theory of constitutional law—the account, more or less, that one of has introduced in ...
Abortion Rights And The Kavanaugh Nomination, 2018 UNH Law School
Abortion Rights And The Kavanaugh Nomination, John M. Greabe
Law Faculty Scholarship
[Excerpt] "Last week, President Trump nominated federal appeals court judge Brett Kavanaugh to fill the Supreme Court seat opened by the retirement of Justice Anthony Kennedy. Immediately, coverage of the nomination focused on abortion and whether Judge Kavanaugh's confirmation would spell the end of the constitutional right recognized in Roe v. Wade. Let's explore why."
Essay: Insiders, Outsiders, & Fair Access: Identifying Culpable Insider Trading, 2018 Brooklyn Law School
Essay: Insiders, Outsiders, & Fair Access: Identifying Culpable Insider Trading, Jonathan D. Glater
Brooklyn Law Review
The Supreme Court’s insider trading doctrine has become increasingly convoluted as each effort to cope with novel fact patterns results in a new rule not tethered to principled understanding of the nature of the wrong committed. That this is not a terribly controversial claim is evidence of how far the Court’s jurisprudence has drifted. This essay proposes that the early error was abandonment of concern for third parties who trade on exchanges but who do not enjoy legal access to information possessed by insiders or tippees who receive information from insiders. The Court’s error, the essay contends ...
U.S. Government Aviation Safety Information Resources, 2018 Purdue University
U.S. Government Aviation Safety Information Resources, Bert Chapman
Libraries Faculty and Staff Presentations
Presentation covering U.S. Government aviation safety information resources. Topics addressed include U.S. laws,legislation, regulations, court cases, information resources from agencies such as the Federal Aviation Administration, Transportation Security Administration, National Aeronautics and Space Administration, congressional aviation oversight committees and congressional support agencies including the Congressional Budget Office, Congressional Research Service, and Government Accountability Office.
Oral Argument Tactics From The Supreme Court Bench: An Analysis Of Neil Gorsuch’S First Term, Corinne Cichowicz
Politics Summer Fellows
This paper analyzes Gorsuch’s approach to oral argument through careful reading of the oral argument transcripts from the 2017 term and use of scholarship on justices’ behavioral tendencies during oral argument. The paper builds upon previous scholars’ understandings of oral argument by testing whether Gorsuch’s first full term is consistent with the typical behavioral patterns of justices. Yet, the paper goes beyond many other scholars’ methodologies by using tool and content analysis before determining Gorsuch’s approach and identifying a cause for his specific behaviors. The paper finds that Gorsuch does not fit into one category of modern ...
Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, 2018 Roger Williams University School of Law
Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Justice Kennedy’S Controversial Judicial Philosophy, Described By A Former Clerk, 2018 William & Mary Law School
Justice Kennedy’S Controversial Judicial Philosophy, Described By A Former Clerk, Nancy Amoury Combs
No abstract provided.
Personal Jurisdiction Over Orb-Web Corporations: A Re-Routed Approach For "Change In The Navigation Of Time", 2018 University of Maryland Francis King Carey School of Law
Personal Jurisdiction Over Orb-Web Corporations: A Re-Routed Approach For "Change In The Navigation Of Time", Vidhya Iyer
The Global Business Law Review
The law of personal jurisdiction lies at the heart of all litigation. Our courts must recognize the rights of individuals as well as the rights of corporations. The motto placed at the entrance of the United States Supreme Court—"Equal Justice Under Law"—ensures the promise of equal justice under the law to all persons. It expresses the ultimate responsibility of the Supreme Court of the United States (the "Court") as the highest tribunal for all cases and controversies arising under the Constitution, laws, and treaties of the United States and functions as a guardian and interpreter of the Constitution ...
The ‘Ginsburg Rule’ Is Not An Excuse To Avoid Answering The Senate’S Questions, 2018 University of Georgia School of Law
The ‘Ginsburg Rule’ Is Not An Excuse To Avoid Answering The Senate’S Questions, Lori A. Ringhand, Paul M. Collins Jr.
An op-ed by Lori Ringhand and Paul M. Collins Jr. on Supreme Court nominees' unwillingness to provide answers on cases under the wrongly named "Ginsburg Rule." Nominees since the 1930s have balanced the competing needs of the Senate and the Judiciary by claiming a privilege to not opine on currently contested cases while freely offering their opinion about cases that used to be controversial but are no longer.
Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, 2018 Cleveland-Marshall College of Law, Cleveland State University
Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte
Law Faculty Articles and Essays
This is a story of excess and reparation. It is a chronicle of one President from the elite intellectual classes of the East, and another from a county seat in the heartland. Woodrow Wilson was the college president whose contribution to the art of government lay in the principle of expertise and efficiency. When he went to war, he turned the machinery of government into a comprehensive and highly effective instrument for victory. For Wilson, it followed that there could be little tolerance for those who impeded the success of American arms by their anti-war propaganda, draft resistance, or ideological ...
Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, 2018 Roger Williams University School of Law
Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky
Law School Blogs
No abstract provided.
Scotus's 2017-2018 Term: More Of The 'Passive Virtues', 2018 UNH Law School
Scotus's 2017-2018 Term: More Of The 'Passive Virtues', John M. Greabe
Law Faculty Scholarship
[exerpt] "Examine a timelier topic: the court's decision to effectively punt on the major religious freedom and partisan gerrymandering cases it was poised to decide this term. For the court's restrain in these cases may have some relation to our turbulent political times."
Book Review: Courtrooms And Classrooms: A Legal History Of College Access, 1860-1960, 2018 Brown University
Book Review: Courtrooms And Classrooms: A Legal History Of College Access, 1860-1960, Mark A. Addison
Journal of College Access
Issues of college access are increasingly met with resolutions within social and economic contexts. Models such as cost of production output, and race and socioeconomic-conscious strategies form the basis of such analyses (Jenkins & Rodriguez, 2013; Henriksen, 1995; Treager Huber, 2010; Schmidt, 2012). We can expect retooling and reinventing of such models with increasing college costs and changes in student demographics.
Rwu First Amendment Blog: Jared Goldstein's Blog: Masterpiece Cakeshop Ruling: No Constitutional Right To Discriminate (For Now) 06-05-2018, 2018 Roger Williams University School of Law
Rwu First Amendment Blog: Jared Goldstein's Blog: Masterpiece Cakeshop Ruling: No Constitutional Right To Discriminate (For Now) 06-05-2018, Jared A. Goldstein
Law School Blogs
No abstract provided.
Wrong Turn On The Ex Post Facto Clause, 2018 University of Michigan Law School
Wrong Turn On The Ex Post Facto Clause, Paul D. Reingold, Kimberly Thomas
The Ex Post Facto Clause bars any increase in punishment after the commission of a crime. But deciding what constitutes an increase in punishment can be tricky. At the front end of a criminal case, where new or amended criminal laws might lengthen prisoners’ sentences if applied retroactively, courts have routinely struck down such changes under the Ex Post Facto Clause. At the back end, however, where new or amended parole laws or policies might lengthen prisoners’ sentences in exactly the same way if applied retroactively, courts have used a different standard and upheld the changes under the Ex Post ...
Certiorari, Universality, And A Patent Puzzle, 2018 University of California, Berkeley, School of Law
Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania
Michigan Law Review
The most important determinant of a case’s chances for Supreme Court review is a circuit split: If two courts of appeals have decided the same issue differently, review is substantially more likely. But practically every appeal in a patent case makes its way to a single court—the Court of Appeals for the Federal Circuit. How, then, does the Supreme Court decide whether to grant certiorari in a patent case?
The petitions for certiorari in the Court’s patent docket suggest an answer: The Supreme Court looks for splits anyway. These splits, however, are of a different sort. Rather ...
Things Invisible To See: State Action & Private Property, 2018 Texas A&M University School of Law
Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley
Texas A&M Law Review
This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather ...
The Husky Case: Fraud, Bankruptcy, And Veil Piercing, 2018 Brooklyn Law School
The Husky Case: Fraud, Bankruptcy, And Veil Piercing, Harvey Gelb
Brooklyn Journal of Corporate, Financial & Commercial Law
A recent Supreme Court decision, Husky International Electronics, Inc. v. Ritz, explores the meaning of the word “fraud” under a federal bankruptcy statutory section. That section uses the term “actual fraud,” and bears upon the question of whether a particular debt should be denied a discharge. The Court’s approach in defining fraud affords guidance to the question of defining fraud under other statutes. The Husky case also raised a veil piercing issue to be dealt with on remand. That issue involved the application of Texas statutory law precluding veil piercing in cases brought by contract creditors unless they were ...
Forgotten Cases: Worthen V. Thomas, 2018 Cleveland-Marshall College of Law
Forgotten Cases: Worthen V. Thomas, David F. Forte
Cleveland State Law Review
According to received opinion, the case of the Home Bldg. & Loan Ass’n v. Blaisdell, decided in 1934, laid to rest any force the Contract Clause of the United States Constitution had to limit state legislation that affected existing contracts. But the Supreme Court’s subsequent decisions belies that claim. In fact, a few months later, the Court unanimously decided Worthen v. Thomas, which reaffirmed the vitality of the Contract Clause. Over the next few years, in twenty cases, the Court limited the reach of Blaisdell and confirmed the limiting force of the Contract Clause on state legislation. Only after ...
Hearing The States, 2018 Pepperdine University
Hearing The States, Anthony Johnstone
Pepperdine Law Review
The 2016 Presidential and Senate elections raise the possibility that a conservative, life-tenured Supreme Court will preside for years over a politically dynamic majority. This threatens to weaken the public’s already fragile confidence in the Court. By lowering the political stakes of both national elections and its own decisions, federalism may enable the Court to defuse some of the most explosive controversies it hears. Federalism offers a second-best solution, even if neither conservatives nor liberals can impose a national political agenda. However, principled federalism arguments are tricky. They are structural, more prudential than legal or empirical. Regardless of ideology ...