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Articles 1 - 5 of 5
Full-Text Articles in Law
Senators Treat Female Supreme Court Nominees Differently. Here’S The Evidence., Lori A. Ringhand, Christina L. Boyd, Paul M. Collins, Jr.
Senators Treat Female Supreme Court Nominees Differently. Here’S The Evidence., Lori A. Ringhand, Christina L. Boyd, Paul M. Collins, Jr.
Popular Media
Over the weekend, President Trump nominated Judge Amy Coney Barrett to fill the Supreme Court seat left empty by Justice Ruth Bader Ginsburg’s death. Senate Majority Leader Mitch McConnell (R-Ky.) has promised to move the nomination swiftly through to confirmation. As a result, the nation’s attention will soon turn to Barrett’s confirmation hearings in the Senate Judiciary Committee. Based on our empirical examinations of every question asked and every answer given at the hearings since the first in 1939, here is what to expect.
Straight Outta Scotus: Domestic Violence, True Threats, And Free Speech, Jessica Miles
Straight Outta Scotus: Domestic Violence, True Threats, And Free Speech, Jessica Miles
University of Miami Law Review
Domestic violence intersects with constitutional, criminal, and civil law in ways that often present challenges for jurists seeking to reconcile conflicting interests in promoting victim safety and protecting the legal rights of those accused of abuse. One current issue presenting such tensions relates to “true threats” of violence which the U.S. Supreme Court considers to be among the categories of speech receiving only limited First Amendment protection. The Supreme Court has yet to indicate what level of intent would be constitutionally sufficient for conviction of a speaker of a true threat and the circuit courts have split on this issue. …
Testing The First Amendment Validity Of Laws Banning Sexual Orientation Change Efforts On Minors: What Level Of Scrutiny Applies After Becerra And Does A Proportionality Approach Provide A Solution?, Clay Calvert
Pepperdine Law Review
This Article examines the standard of scrutiny courts should apply when testing the validity of laws banning speech-based sexual orientation change efforts (SOCE) against First Amendment challenges. Justice Clarence Thomas’s 2018 opinion for a five-justice conservative majority of the United States Supreme Court in National Institute of Family and Life Advocates v. Becerra casts considerable doubt on whether a level of inquiry less stringent than strict scrutiny applies. The article analyzes how lower courts after Becerra that have reviewed anti-SOCE laws disagree on the issue. And yet, as the Article explains, the Supreme Court refuses to clarify the muddle. First, …
Telling The Story Of Justice Sandra Day O'Connor, Susan Frelich Appleton
Telling The Story Of Justice Sandra Day O'Connor, Susan Frelich Appleton
Scholarship@WashULaw
Appearing as part of the WASHINGTON UNIVERSITY JOURNAL OF LAW and POLICY’s celebration of the sesquicentennial of the first women law students, this brief review critically examines FIRST: SANDRA DAY O’CONNOR, a biography by Evan Thomas. The review follows two themes highlighted by the book, intimacy and gender, and finds the author's treatment of the latter especially problematic. (A shorter version of the review appeared under the title How One Glass Ceiling Was Broken, COMMON READER (Nov. 20, 2019).
The Right Family, Noa Ben-Asher, Margot J. Pollans
The Right Family, Noa Ben-Asher, Margot J. Pollans
Faculty Publications
The family plays a starring role in American law. Families, the law tells us, are special. They merit many state and federal benefits, including tax deductions, testimonial privileges, untaxed inheritance, and parental presumptions. Over the course of the twentieth century, the Supreme Court expanded individual rights stemming from familial relationships. In this Article, we argue that the concept of family in American law matters just as much when it is ignored as when it is featured. We contrast policies in which the family is the key unit of analysis with others in which it is not. Looking at four seemingly …