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Full-Text Articles in Law
Docket Control, Mandatory Jurisdiction, And The Supreme Court's Failure In Rucho V. Common Cause, Carolyn Shapiro
Docket Control, Mandatory Jurisdiction, And The Supreme Court's Failure In Rucho V. Common Cause, Carolyn Shapiro
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This paper, part of a Symposium on Andrew Coan's book, Rationing the Constitution: How Judicial Capacity Shapes Supreme Court Decision-Making, traces congressional changes to Supreme Court jurisdiction over more than a century, noting that those changes were regularly made in response to concerns about the Court's caseload. To the extent that Coan, and the Court, turn to doctrinal methods of controlling caseloads, such as deferential standards of review, they are overlooking the important congressional role in setting the Court's jurisdiction. The paper concludes by criticizing the recent decision of Rucho v. Common Cause in which the Court held that extreme …
Fisher's Fishing Expedition, Vinay Harpalani
Fisher's Fishing Expedition, Vinay Harpalani
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This Essay delves into the Supreme Court oral arguments in Fisher v. Texas, which occurred on October 10, 2012. It examines the exchanges between the advocates and Justices, focusing on the meaning of 'critical mass' and the quest for total race neutrality in UT admissions. It argues that both of these are futile endeavors and unnecessary to decide Fisher. The entire Fisher case is a fishing expedition - albeit one that might reel in race-conscious admissions.
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
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In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …
Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro
Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro
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In this Article we offer the first comprehensive evaluation of oral dissenting on the Supreme Court. We examine the practice in both historical and contemporary perspective, take stock of the emerging academic literature on the subject, and suggest a new framework for analysis of oral dissenting. Specifically, we put forth several claims. Contrary to the common assumption of scholarship and media coverage, oral dissents are nothing new. Oral dissenting has a long tradition, and its history provides valuable lessons for understanding the potential and limits of oral dissents today. Furthermore, not all oral dissents are alike. Dissenting Justices may have …