Digital Commons Network^™

How Traditional And Social Media Shapes Public Perception Of United States Surpeme Court Decisions On Civil Liberties, Leila P. Martin

Williams Honors College, Honors Research Projects

This study examines how traditional and social medai shape public perception of U.S. Supreme Court decisions on Civil liberties, focusing on four landmark cases: Dobbs v. Jackson, District of Columbia v. Heller, Materpiece Cakeshop v. Colorado Civil Rights Commission, and Obergfell v. Hodges. Using Entmans framing theory, the research analyzes how tone, language, emphasis, and ideological slant differ across media platofrms and how these frames infleunce public attitudes, insitutional trust, and civic understanding. A mixed-methods design combines archival media analysis, national polling data from Pew Rsearch Center and gallup, and an independent survery to asses how media narratives, rather than …

Business Court Best Practices: Constructive Thoughts On The Challenging Work Of Effective Commercial And Corporate Law Adjudication, Leo E. Strine, Jr.

Texas A&M Law Review

A market-based economy governed by the rule of law constitutes part of our traditional freedom as Americans. And that economy’s fair and efficient functioning is important to the economic opportunities and security of all Americans. To aid in that important end, during the last two generations, many American states have attempted, by various means, to create judicial forums, often termed “business courts,” for the efficient and fair resolution of business disputes. Many of these business court initiatives have drawn inspiration from the success of the Delaware Court of Chancery and the Delaware Supreme Court in resolving corporate and commercial disputes …

Rethinking Remittitur In Texas Law, David M. Gunn

Texas A&M Law Review

The Texas appellate rules say next to nothing about remittitur. About as far as they go is to state in Rule 46.3 that a court of appeals “may suggest a remittitur.” The text and history of this provision might raise more questions than they answer. Nineteenth-century courts across the country began resorting to remittitur, but they spent little time explaining remittitur’s origins. Texas courts followed a similar path, until an 1893 statute expressly told the courts what to do in instances of excessive damages: they had a “duty” to “indicate” to the damage claimant the amount of the excess, with …

Incidental Jurisdiction, Mark Moller

Texas A&M Law Review

Federal courts have incidental, or implied, powers. On this, there is general agreement among originalist researchers. But there is also wide consensus that, whatever incidental powers Article III courts enjoy, these powers do not include incidental subject matter jurisdiction. Article III must confer federal subject matter jurisdiction expressly.

The conventional wisdom against incidental jurisdiction, though, is entirely unexamined. It is also wrong as an original matter. This Article presents new evidence that the express terms of Article III did not cash out the scope of federal subject matter jurisdiction. The outer boundaries of subject matter jurisdiction were defined, instead, by …

Judicial Independence As A Constitutional Construction, Keith E. Whittington

Texas A&M Law Review

An independent judiciary, in the American context, might best be understood as a constitutional construction. That is, it is a politically constructed set of practices, institutions, and norms that extend, but do not contradict, the legal requirements of the formal constitution. As such, judicial independence has come to occupy a fundamental status within our inherited constitutional order. But importantly, it is mutable. Our inherited practice of judicial independence has been built up and fought over across time, and within the contours of the written constitution, can be significantly reconstructed.

The example of judicial independence can serve as a useful illustration …

Le Refus De Paiement Par Une Banque D’Un Compte Créditeur Ne Réalise Pas En Soi L’État De Cessation Des Paiements De La Dite Banque Au Regard De La Loi N° 2/67, Michel Soumrani

Proche-Orient, Études juridiques

No abstract provided.

La Protection Des Droits Fondamentaux Par Le Conseil D'État Du Liban, Hassan-Tabet Rifaat

Proche-Orient, Études juridiques

No abstract provided.

Le Point De Départ Du Délai Du Recours Pour Excès De Pouvoir À La Suite D'Une Déclaration D'Utilité Publique En Droit Libanais, Elias Haswany

Proche-Orient, Études juridiques

No abstract provided.

المحكمة العليا الأميركية في النقاش القانوني المعاصر: مراجعة المحكمة القضائية بين نظرية جن هارت إيلي ونظرية روبرت بورك, شبلي الملاّط

Proche-Orient, Études juridiques

No abstract provided.

Législateurs Déguisés En Juges Ou Fidèles Serviteurs De La Loi?, Michel Halbecq S.J.

Proche-Orient, Études juridiques

No abstract provided.

On The Need To Recognize The Erga Omnes Effect In Fundamental Rights In Chilean Law, José Luis Guerrero Becar

Latin American & Caribbean Law Review

This article refers to the Chilean legal tradition of the relative effect of judgments, that is, their effects apply only to the parties involved in the litigation. This principle has an express exception in the Consumer Rights Protection Act, which mentions the erga omnes effect. Since 2010, this principle has come under scrutiny due to constitutional injunctions in social security matters administered by private companies known as ISAPRES (National Health Insurance Companies). These companies have increased the prices of health plans, using tables that apply factors based on age and sex. This has led to the filing of thousands of …

Whose Burden Is It Anyway? A Historical Resolution To Burden Allocation Under Federal Rule Of Civil Procedure 12(B)(3), Curtis Valencia

Northwestern University Law Review

Today, venue is generally treated as secondary to jurisdiction: statutory, waivable, and concerned with where litigation should proceed, rather than whether it should proceed at all. Yet the courts of appeals remain split over a basic question of federal venue procedure: who bears the burden of proof when a defendant moves to dismiss for improper venue under Federal Rule of Civil Procedure 12(b)(3)? Though seemingly technical, in practice, burden allocation can determine whether a suit survives.

This Note offers the first historically grounded approach to resolving Rule 12(b)(3)’s burden allocation problem and argues that the circuit majority approach rests on …

Arbitration In Name Only, Myriam Gilles

Northwestern University Law Review

Modern arbitration clauses hide a dirty secret: many don’t actually provide for genuine arbitration. These provisions masquerade as mutual commitments to fair and efficient private dispute resolution but, in truth, are mere imitations of genuine arbitration provisions. Some reserve for the drafter the power to amend or terminate the clause at will without notice or consent; others design the arbitration process to ensure bias from the start; still others depart so radically from the bilateral, informal model blessed by the Supreme Court that they scarcely resemble arbitration at all. These arrangements are arbitration in name only, falling outside the Federal …

Fake News From Fake Dudes: Why State Statutes Regulating Political Deepfakes Are Both Necessary And Constitutional, Jay Kennedy

Northwestern University Law Review

As technology advances and more Americans use the internet to get their news, AI-generated “deepfakes” have become a powerful tool for misinformation. One common use of deepfakes is to make fake, but convincing, videos of electoral candidates or government officials. Deepfakes pose particular harm to local governments and officials because, unlike federal leaders, local leaders usually do not have the financial resources to fund the counterspeech sufficient to disprove deepfakes. Thus, to help defend the integrity of local governments, this Note argues that every state should enact legislation prohibiting deepfakes of public officials and proposes a First Amendment-compliant framework for …

Originalism's General-Law Turn, Nina Varsava, Bill Watson

Northwestern University Law Review

Originalists are increasingly turning to a general-law theory of constitutional rights. Under this theory, constitutional enactment declared but did not create constitutional rights. The content of those rights was, and remains, a question of general law—a species of common law, regularly employed at the Founding, that transcends jurisdictional boundaries. This preoccupation with general law has precipitated a wave of scholarship developing general-law accounts of various constitutional rights. Yet the nature of general law itself remains poorly understood.

This Article offers a theory of general law. Using philosophical methods to reexamine early American cases and recent work in legal history, the …

How Did We Get Here?, Michael J. Klarman

Fordham Law Review

President Donald J. Trump’s second administration has transgressed basic rules and norms of democracy and the rule of law in myriad ways. Below, I have laid out my own top ten list of transgressions, though others could surely have made out a good case for their own “favorites.” It would not be difficult to come up with a longer list, yet the purpose of my Levine Lecture is less to describe where we are than to explain how we got here. Following an enumeration of Trump administration transgressions, my lecture turns to two questions. First, why have traditional checks on …

Fabricating The Crime Of Undocumented Presence, Eric S. Fish, Doug Keller

Fordham Law Review

In 2025, the Trump administration’s Office of Legal Counsel (OLC) declared that it is a federal crime simply to be an undocumented immigrant. Congress has enacted no such crime. Congress has made it a crime for an immigrant to enter the United States in a manner that “eludes examination or inspection.” For nearly 100 years, this “elude” offense has been understood to occur only at the moment an immigrant enters the country. But the Trump administration’s OLC has reinterpreted this crime as a continuing offense. Under this new reading, an immigrant who entered unlawfully eludes examination until the moment of …

The Alien Enemies Act Of 1798, Andrew Kent

Fordham Law Review

For the first time since World War II—and for the first time ever outside a formally declared war—an American president has invoked the Alien Enemies Act of 1798 to detain and deport noncitizens. Enacted during the Quasi-War with France, the Act’s operative language remains largely unchanged today. In March 2025, President Donald J. Trump proclaimed that members of the Venezuelan gang Tren de Aragua present in the United States are “alien enemies,” asserting that their activities, allegedly coordinated with President Nicolás Maduro’s government, constitute an “invasion” or “predatory incursion” within the meaning of the statute. Litigation challenging the invocation of …

The Role Of Reliance In Stare Decisis Doctrine, Rochelle Hestnas

Fordham Law Review

The U.S. Supreme Court’s recent treatment of reliance interests in stare decisis doctrine is in flux. The Court has overruled long-standing precedent such as Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey with scant analysis as to how reliance interests factor into stare decisis doctrine, despite continuing to name reliance as a factor that should be considered. Arguments for whether and how reliance interests deserve protection are inherently challenging because it cannot be the case that every precedent should stand. Using Dobbs v. Jackson Women’s Health Organization as a case study, this Note analyzes the Court’s claim …

Splitting The Baby: Determining The Causation Standard In Family And Medical Leave Act Retaliation Claims, Eliana C. Singer

Fordham Law Review

The Family and Medical Leave Act (FMLA) guarantees employees unpaid leave following certain qualifying events. The FMLA not only provides substantive rights but also prohibits retaliation against employees who exercise those rights. When employees face unlawful retaliation, they can bring retaliation claims against their employers. However, there is disagreement among courts as to how to evaluate these claims. More precisely, courts are split concerning whether employees must prove their use of leave was a but-for cause of retaliation, or merely that it was one of an employer’s mixed motives for retaliating. The U.S. Courts of Appeals for the Second and …

Haruskan Debitur Mengatakan "Ya"? Menyoal Persetujuan Debitur Dalam Pengalihan Piutang Oleh Bank, Ihsanuddin Nursyie

Jurnal Hukum & Pembangunan

Financial Services Authority Regulation No. 26 of 2024 concerning the Expansion of Banking Business Activities requires the inclusion of an assignment of receivables clause in credit agreements and, where such a clause is not provided, requires the debtor’s consent before the assignment is carried out. This article analyzes the appropriateness of debtor consent as a protection instrument in the assignment of receivables through cessie. This research employs a doctrinal legal method by analyzing legislation, legal doctrines, and relevant literature. The findings indicate that debtor consent is not an inherent requirement of cessie, while the risks to debtor protection are more …

Gagasan Kode Etik Untuk Mantan Hakim Konstitusi: Perbandingan Dengan Federal Constitutional Court Jerman, Ryan Muthiara Wasti, Fitra Arsil, Aidul Fitriciada Azhari, Fatmawati Fatmawati

Jurnal Hukum & Pembangunan

One aspect of evaluating the Constitutional Court, which has been in existence since 2003, is the issue of ethical compliance. Although a code of ethics for constitutional judges currently exists, it applies only to sitting constitutional judges. In reality, however, many former constitutional judges frequently act as parties in cases heard by the Constitutional Court. The author found that there are still former Constitutional Court judges who have served as parties—either as principals or as legal representatives. Although there is no explicit prohibition, the involvement of former constitutional judges in case proceedings raises the potential for conflicts of interest and …

Rekonstruksi Pengawasan Peradilan Substantif Atas Perjanjian Penundaan Penuntutan Korporasi Dalam Perspektif Civic Trust Dan Reintegrative Shaming, Merlin Swantamalo Magna, Ariesta Wibisono Anditya

Jurnal Hukum & Pembangunan

Law Number 20 of 2025 on the Criminal Procedure Code introduces the Deferred Prosecution Agreement (DPA) as a special mechanism for corporate offenders. Article 328(8) grants judges substantive authority to assess proportionality, the impact on the national economy, and the suspect's ability to meet the agreed conditions—yet provides no clear parameters. This absence risks legal uncertainty, judicial formalism, and abuse of power, while colliding with the presumption of innocence within Indonesia's civil-law tradition, in which judges have traditionally played a passive role. This study aims to construct a dogmatic framework for judges' substantive judicial-supervision authority in the DPA mechanism. Employing …

Mengenal Hcch 1970 Taking Evidence Abroad Convention, Priskila Pratita Penasthika

Jurnal Hukum & Pembangunan

Since mid-2023, the Supreme Court of the Republic of Indonesia has prioritised the strengthening and harmonisation of Indonesian civil procedural law to better align with international practices and standards. This initiative seeks to enhance the competitiveness of Indonesian judicial institutions in resolving commercial disputes through acceding to relevant private international law instruments. The HCCH 1970 Evidence Convention is among the key private international law instruments identified by the Supreme Court as a priority for Indonesia's accession. Nonetheless, academic literature in the Indonesian language on private international law instruments, particularly those issued by the Hague Conference on Private International Law (HCCH), …

Dari Penafsiran Ke Konstruksi Konstitusi: Evolusi Putusan Mahkamah Konstitusi Tentang Keserentakan Pemilihan Umum, Khairul Fahmi, Desip Trinanda

Jurnal Hukum & Pembangunan

Abstract

The Constitutional Court's decisions regarding election simultaneity demonstrate a highly progressive development in constitutional reasoning. The Constitutional Court has issued at least three decisions related to the election simultaneity model: Decision Number 14/PUU-XI/2013, Decision Number 55/PUU-XVII/2019, and Decision Number 135/PUU-XXII/2024. So far, studies of these decisions have tended to be placed within the framework of constitutional interpretation. However, the Constitutional Court's stance in Decision Number 135/PUU-XXII/2024 goes beyond merely interpreting the constitution to also construct a constitutional provision on election simultaneity by separating national and local elections. Therefore, the focus of this article is the shift in the Constitutional …

Brief Of Professors Mark Storslee, John Meiser, Douglas Laycock, Nathan Chapman, Thomas Berg, Christopher Lund, Michael Helfand, Steven Collis, Meredith Kessler, Carl Esbeck, John Inazu, Asma Uddin, Christopher Hampson, And Kathleen Brady As Amici Curiae In Support Of Petitioners, Mark Storslee, John A. Meiser, Meredith Holland Kessler

Court Briefs

No. 26-257
Mara Nathan v. Alamo Heights Independent School District

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

From the Summary of Argument

For more than seventy years, this Court has made clear that a state “may not coerce anyone ... to take religious instruction” or use public schools to “force ... religion on any person.” Zorach v. Clauson, 343 U.S. 306, 314 (1952). For good reason. Doing so advances one of the “true evil[s] of religious establishment" that Founding-era Americans rejected: “the use of government power” to foster “uniformity …

Brief Of Notre Dame Education Law Project, Notre Dame Project On Church, State & Society, Lindsay And Matt Moroun Religious Liberty Clinic, And Union Of Orthodox Jewish Congregations Of America As Amici Curiae In Support Of Petitioners, Michael A. Helfand, Richard W. Garnett, Nicole Stelle Garnett, John A. Meiser, Meredith Holland Kessler

Court Briefs

Nos. 26-193 and 26-240
Bethany M. Hall v. A. Scott Fleming, Cameron Johnson v. A. Scott Fleming

On Petitions for Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit

From the Summary of Argument

This Court should grant certiorari to put an end to the damaging effects of Locke v. Davey, 540 U.S. 712 (2004). To begin, as Judge Richardson ably demonstrated in his concurring opinion below, “Locke was wrongly decided.” Hall Pet. App. 14a-18a. What’s more, Locke sits in tension with—and imposes a significant impediment to—this Court’s many recent decisions that aim …

Brief Of Amici Curiae Criminal Law Scholars And Legal Organizations In Support Of Petitioner, Alabama Criminal Defense Lawyers Association, Florida Association Of Criminal Defense Lawyers, Kentucky Association Of Criminal Defense Lawyers, Criminal Defense Attorneys Of Michigan, North Carolina Advocates For Justice, Virginia Association Of Criminal Defense Lawyers, Due Process Institute, Ira P. Robbins, Kyle Singhal

Amicus Briefs & Court Filings

SUMMARY OF THE ARGUMENT: The Sentencing Guidelines are, in practice, the most consequential legal text in federal criminal law. Yet this Court has abstained from interpreting the Guidelines for decades. That practice is anomalous in the federal judiciary and should end. District courts must correctly calculate every defendant’s guideline range at every sentencing hearing. Courts of Appeals routinely hear appeals asserting guideline mistakes. And differences of appellate opinion over purely legal, highly consequential questions often arise. This Court apparently declines to hear such cases because the Sentencing Commission could resolve those conflicts. See Braxton v. United States,500 U.S. 344, …

An Open Door Policy: A Contemporary Analysis Of The Continuing Need For Court-Connected Civil Compulsory Arbitration Programs, Joshua D. Rogers

Pepperdine Dispute Resolution Law Journal

Compulsory arbitration could be a crucial instrument in addressing an impending renewed litigation explosion. In the latter half of the twentieth century, numerous courts implemented court-connected civil compulsory arbitration programs to help address the substantial problems created by historic increases in civil litigation. Without much fanfare, these programs have been successfully operating to achieve the goals envisioned at their creation—improving judicial economy and efficiency. Despite the success and longevity in adopting jurisdictions, compulsory arbitration has peaked in its adoption and has seemingly faded into the background of the alternative dispute resolution conversation. Neglecting or dismissing this vital tool in the …

The New Economic Liberties, Daniel B. Rodriguez

Northwestern University Law Review

Despite the lack of serious interrogation at the federal constitutional level of economic regulations, there continues to be a fairly robust, energetic attention at the level of state constitutional law to so-called economic liberties. In a number of key cases, including, for example, matters involving occupational licensing, state courts have looked to unique features of their respective state constitutions to assess whether and to what extent regulations undertaken under the police power go too far. The rationales for evaluating and, in some cases, invalidating regulations under economic liberties principles are creative, and also controversial. The development of new interpretive approaches …