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Full-Text Articles in Law

A New Philosophy In The Supreme Court, Robert M. Sanger Aug 2018

A New Philosophy In The Supreme Court, Robert M. Sanger

Robert M. Sanger

This is a positive article about the soon-to-be-newlyminted United States Supreme Court. No, this is not written by a guest columnist and, yes, the present author still holds progressive views regarding criminal justice. Assuming the Supreme Court and other branches of government continue to function – even if in less than an optimal fashion – we, as lawyers, have to work with what we have. We have a conservative Supreme Court with, presumably, conservative principles, and that is with which we must work. One of the characteristics often seen in individual Supreme Court Justices is the tendency to rise above …


Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz Jun 2017

Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz

Erwin Chemerinsky

No abstract provided.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Jun 2017

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein Jun 2015

Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein

Richard Daniel Klein

No abstract provided.


Unintended Consequences: The United States Supreme Court's Mission To Restrict Remedies For State Prisoners Backfires, Andrea Lyon Sep 2014

Unintended Consequences: The United States Supreme Court's Mission To Restrict Remedies For State Prisoners Backfires, Andrea Lyon

Andrea D. Lyon

No abstract provided.


Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz Jun 2014

Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz

Martin A. Schwartz

No abstract provided.


Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz Oct 2013

Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


The Supreme Court 2009 Term Overview And 2010 Term Preview, Erwin Chemerinsky, Joan Biskupic, Martin A. Schwartz, Leon Friedman Nov 2012

The Supreme Court 2009 Term Overview And 2010 Term Preview, Erwin Chemerinsky, Joan Biskupic, Martin A. Schwartz, Leon Friedman

Martin A. Schwartz

No abstract provided.


The Supreme Court’S Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein Jul 2011

The Supreme Court’S Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein

Richard Daniel Klein

No abstract provided.


Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein Jul 2011

Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein

Richard Daniel Klein

No abstract provided.


An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term (Nineteenth Annual Supreme Court Review, October 2006 Supreme Court Term), Richard Klein Jul 2011

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term (Nineteenth Annual Supreme Court Review, October 2006 Supreme Court Term), Richard Klein

Richard Daniel Klein

No abstract provided.


Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein Jul 2011

Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein

Richard Daniel Klein

No abstract provided.


Modern American Supreme Court Judicial Methodology And Its Origins: A Critical Analysis Of The Legal Thought Of Roscoe Pound, Beau James Brock Dec 2010

Modern American Supreme Court Judicial Methodology And Its Origins: A Critical Analysis Of The Legal Thought Of Roscoe Pound, Beau James Brock

Beau James Brock

The pragmatic philosophy of law espoused by Pound has come to be regarded as a textbook method of adjudication. The most telling commentators of all have been the judges themselves who utilize his balancing of social interests in their adjudication of cases. Finally, his pragmatism has been assimilated into mainstream legal thought producing innovative attempts to address the possibly unanswerable question of the proper valuation of competing interests.


An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein Dec 2010

An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein

Richard Daniel Klein

No abstract provided.


Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira P. Robbins Dec 2001

Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira P. Robbins

Ira P. Robbins

INTRODUCTION:

In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on …