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

Supreme Court of the United States Commons

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

3,430 Full-Text Articles 2,155 Authors 745,820 Downloads 117 Institutions

All Articles in Supreme Court of the United States

Faceted Search

3,430 full-text articles. Page 5 of 83.

Section 7: Civil Rights, Institute of Bill of Rights Law at The College of William & Mary School of Law 2018 College of William & Mary Law School

Section 7: Civil Rights, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 5: Business Law, Institute of Bill of Rights Law at The College of William & Mary School of Law 2018 College of William & Mary Law School

Section 5: Business Law, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 2: Trump And The Court, Institute of Bill of Rights Law at The College of William & Mary School of Law 2018 College of William & Mary Law School

Section 2: Trump And The Court, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 3: Property Rights, Institute of Bill of Rights Law at The College of William & Mary School of Law 2018 College of William & Mary Law School

Section 3: Property Rights, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 4: Criminal Law, Institute of Bill of Rights Law at The College of William & Mary School of Law 2018 College of William & Mary Law School

Section 4: Criminal Law, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Testimony Of Rebecca Ingber Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber 2018 Boston University School of Law

Testimony Of Rebecca Ingber Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber

Faculty Scholarship

Professor Rebecca Ingber testified before the U.S. Senate Judiciary Committee as it considered the nomination of Brett Kavanaugh for Associate Justice of the U.S. Supreme Court. Her testimony focused on Judge Kavanaugh's national security and international law jurisprudence, in particular, the court's role in considering international law constraints on the President's war powers, and the potential effects of this judicial approach on executive power.


Testimony Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber 2018 Boston University School of Law

Testimony Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber

Faculty Scholarship

Professor Rebecca Ingber testified before the U.S. Senate Judiciary Committee as it considered the nomination of Brett Kavanaugh for Associate Justice of the U.S. Supreme Court. Her testimony focused on Judge Kavanaugh's national security and international law jurisprudence, in particular, the court's role in considering international law constraints on the President's war powers, and the potential effects of this judicial approach on executive power.


Substantial Shifts In Supreme Court Health Law Jurisprudence, Lawrence O. Gostin, James G. Hodge 2018 Georgetown University

Substantial Shifts In Supreme Court Health Law Jurisprudence, Lawrence O. Gostin, James G. Hodge

Georgetown Law Faculty Publications and Other Works

President Trump’s nomination of jurist Brett Kavanaugh to the U.S. Supreme Court presents significant, potential changes on health law and policy issues. If confirmed by the U.S. Senate, Kavanaugh’s approaches as a federal appellate court judge and scholar could literally shift the Court’s balance on consequential health policies. Judge Kavanaugh has disavowed broad discretion for federal agency authorities, cast significant doubts on the constitutionality of the Affordable Care Act, and narrowly interpreted reproductive rights (most notably abortion services). He has supported gun rights pursuant to the Second Amendment beyond U.S. Supreme Court recent interpretations ...


Judge Kavanaugh, Chevron Deference, And The Supreme Court, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker 2018 University of Georgia School of Law

Judge Kavanaugh, Chevron Deference, And The Supreme Court, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker

Popular Media

How might a new U.S. Supreme Court Justice Brett Kavanaugh review federal agency statutory interpretations that come before him on the Court?

To find at least a preliminary answer, we can look to his judicial behavior while serving on the U.S. Court of Appeals for the D.C. Circuit—and there is plenty of relevant Kavanaugh judicial behavior to observe. Since starting his service on the D.C. Circuit in 2006, Judge Kavanaugh has participated in the disposition of around 2,700 cases and has authored more than 300 opinions. Over a third of those authored opinions involved ...


Supreme Verbosity: The Roberts Court's Expanding Legacy, 2018 Marquette University Law School

Supreme Verbosity: The Roberts Court's Expanding Legacy

Marquette Law Review

The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court’s statutory and constitutional status, the written word, in the end, is the source and the measure of the court’s authority.

It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What ...


Working Without A Net: Supreme Court Decision-Making As Performance, Frederick Mark Gedicks 2018 Brigham Young University Law School

Working Without A Net: Supreme Court Decision-Making As Performance, Frederick Mark Gedicks

BYU Law Review

Though judges often portray themselves as helpless to alter case outcomes dictated by law, this is mostly false humility. Judges are illusionists, and their opinions sleights of hand which obscure that they participate in creating what they purport merely to apply. This is especially the case in the Supreme Court, from which there is no appeal. The Justices perform the law, and their opinions are the records of these performances.Performance theory supplies a better means of analyzing Supreme Court decisions than ubiquitous and wearisome attacks on judicial integrity. The Court has its precedents, but they have no connection to ...


Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson 2018 Florida State University College of Law

Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson

Florida State University Journal of Land Use and Environmental Law

In the aftermath of Nollan v. California Coastal Commission and Dolan v. City of Tigard, local governments may find it more difficult to utilize permit conditions as a tool for preserving beach access. This Comment explores the viability of Florida's beach access laws after these decisions, examining the potential effects on permitting for construction at the local level. As an introduction, the Comment reviews Florida's current beach access statutes and discusses the Nollan and Dolan cases. The Comment then analyzes the true meaning of the "rough proportionality" requirement of Dolan, entertaining views from subsequent case law and commentators ...


Litigating Suitum V. Tahoe Regional Planning Agency In The United States Supreme Court, Richard J. Lazarus 2018 Georgetown University Law Center

Litigating Suitum V. Tahoe Regional Planning Agency In The United States Supreme Court, Richard J. Lazarus

Florida State University Journal of Land Use and Environmental Law

On May 27, 1997, the United States Supreme Court decided Suitum v. Tahoe Regional Planning Agency, a case addressing ripeness issues as they pertain to regulatory takings and transferable developmental rights (TDRs). As record counsel for the Tahoe Regional Planning Agency in the Suitum, Professor Lazarus considers the strategic litigation choices made by both parties and their impact on the Suitum litigation. By way of introduction, this essay recounts the Suitum facts from two different perspectives, that of petitioner and respondent. Then the essay explores the ways that the parties chose to litigate their respective sides, expounding upon the issues ...


The Finality Ripeness In Federal Land Use Cases From Hamilton Bank To Lucas, R. Jeffrey Lyman 2018 Florida State University College of Law

The Finality Ripeness In Federal Land Use Cases From Hamilton Bank To Lucas, R. Jeffrey Lyman

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks 2018 Florida State University College of Law

Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Case Note: Constitutional Questions In Environmental Regulation: Epa's Use Of Aerial Photography Does Not Constitute A Fourth Amendment Search, Mark Massey 2018 Florida State University College of Law

Case Note: Constitutional Questions In Environmental Regulation: Epa's Use Of Aerial Photography Does Not Constitute A Fourth Amendment Search, Mark Massey

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer 2018 Florida State University College of Law

Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer

Florida State University Journal of Land Use and Environmental Law

This article discusses an avenue available to takings claimants so that they may open the nearly closed door of the federal courts. In Williamson County, the United States Supreme Court established two ripeness prongs that create powerful barriers to landowners seeking to have their takings claims heard on the merits in federal court. Through an in depth analysis of the facts and litigation of this case and others, the author assesses the foundation of the state procedures requirements and concludes it is not required by the Takings Clause. The article scrutinizes the rule's fundamental unfairness and error in its ...


City Of Boerne V. Flores And The Religious Freedom Restoration Act: The Delicate Balance Between Religious Freedom And Historic Preservation, Elizabeth C. Williamson 2018 Florida State University College of Law

City Of Boerne V. Flores And The Religious Freedom Restoration Act: The Delicate Balance Between Religious Freedom And Historic Preservation, Elizabeth C. Williamson

Florida State University Journal of Land Use and Environmental Law

This Article analyzes the clash between historic preservation and religious freedom in the context of the United States Supreme Court's decision in City of Boerne v. Flores. (117 S. Ct. 2157 (1997). In Flores, the Court ruled on the constitutionality of the Religious Freedom Restoration Act (RFRA), an act which affords additional protection to religious practices by subjecting neutral, non-religion based government laws such as preservation ordinances to judicial scrutiny. Using the backdrop of the Flores decision, the Article analyzes the constitutionality and policy behind RFRA and examines RFRA's effect on preservation. The Article includes a history of ...


Property And Mysticism: The Legality Of Exactions As A Condition For Public Development Approval In The Time Of The Rehnquist Court, James A. Kushner 2018 Southwestern University School of Law

Property And Mysticism: The Legality Of Exactions As A Condition For Public Development Approval In The Time Of The Rehnquist Court, James A. Kushner

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Racing On Two Different Tracks: Using Substantive Due Process To Challenge Tracking In Schools, Katarina Wong 2018 Duke Law

Racing On Two Different Tracks: Using Substantive Due Process To Challenge Tracking In Schools, Katarina Wong

Duke Journal of Constitutional Law & Public Policy Sidebar

Tracking is a widespread educational practice where secondary schools divide students into different classes or “tracks” based on their previous achievements and perceived abilities. Tracking produces different levels of classes, from low ability to high ability, based on the theory that students learn better when grouped with others at their own level. However, tracking often segregates students of color and low socioeconomic status into low-tracked classes and these students do not receive the same educational opportunities as white and/or wealthier students. Students and parents have historically challenged tracking structures in their schools using an Equal Protection Clause framework. However ...


Digital Commons powered by bepress