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Articles 31 - 43 of 43
Full-Text Articles in Law
The Constitution As Idea: Defining Describing Deciding In Kelo, Marc L. Roark
The Constitution As Idea: Defining Describing Deciding In Kelo, Marc L. Roark
ExpressO
In June 2005, the Supreme Court in a Five to Four Decision marked its most controversial decision in recent memory. The case of Kelo v. City of New London, set off a fire storm of response to the Court’s ruling that economic development takings satisfied the Fifth Amendment. This essay is about Kelo. It is about how the Court uses words, how the defining ability of words create institutional space in which the Court operates, and which defines things beyond the words.
Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman
Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman
NYLS Law Review
No abstract provided.
The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod
The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod
NYLS Law Review
No abstract provided.
Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein
Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein
Adam Epstein
A study of the history and importance of the 2005 Supreme Court decision that expanded Title IX to include a private right of action for individuals who reveal Title IX violations even though they themselves were not subject to sex discrimination. The case involved Roderick Jackson a high school coach from the Birmingham, Alabama area.
Title Ix Whistle-Blowing Is Protected, Adam Epstein
Title Ix Whistle-Blowing Is Protected, Adam Epstein
Adam Epstein
Discussion of the valiant efforts of high school basketball coach Roderick Jackson (Birmingham, Alabama) and his complaint over inferior facilities for his girls basketball team. His claim went all the way to the United States Supreme Court.
Justice Clarence Thomas: The Emergence Of A Commercial-Speech Protector, David L. Hudson Jr.
Justice Clarence Thomas: The Emergence Of A Commercial-Speech Protector, David L. Hudson Jr.
Law Faculty Scholarship
An examination of Justice Clarence Thomas' jurisprudence regarding commercial speech.
The Citing Of Law Reviews By The Supreme Court:1971-1999, Louis J. Sirico Jr.
The Citing Of Law Reviews By The Supreme Court:1971-1999, Louis J. Sirico Jr.
Indiana Law Journal
No abstract provided.
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
Faculty Scholarship
The right to choose abortion, although recently significantly curtailed from its original scope,' is a federally protected liberty interest of women, and is at least protected against the imposition of "undue burdens" by state and local government.2 Some of the most serious threats to women's ability to choose abortion have come not from government regulation, but from private, national, organized efforts to prevent abortions. In addition to seeking change through the political system, some of these organizations, most notably Operation Rescue, have focused on the providers of abortion, and have attempted to prevent abortions by forcibly closing abortion clinics …
A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann
A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann
Faculty Scholarship
The Civil Rights Act of 18711 ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'2 While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.3...
...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …
Earl Warren: The Judge Who Changed America. By Jack Harrison Pollack, Richard Y. Funston
Earl Warren: The Judge Who Changed America. By Jack Harrison Pollack, Richard Y. Funston
Vanderbilt Law Review
Earl Warren was a decent, personable, and humane man who had the good fortune to preside over the Supreme Court of the United States at a peculiarly propitious moment. That, surely, is enough to say for any man's lifetime, and someday the definitive biography of Warren will say it. In the meantime, it remains some-thing of a mystery why aging liberals find it necessary to canonize the late Chief Justice. Nevertheless, journalist Jack Harrison Pollack's Earl Warren: The Judge Who Changed America is the latest addition to the Warren hagiography. In it you meet Warren,the self-effacing, underpaid, young District Attorney; …
Some Comments On Proposals For Reform Of The Federal Appellate Court System, Terrance Sandalow
Some Comments On Proposals For Reform Of The Federal Appellate Court System, Terrance Sandalow
Law Quadrangle (formerly Law Quad Notes)
In response to growing concern over the rapidly increasing caseloads of the federal courts of appeal, the 92nd Congress established the Commission on Revision of the Federal Court Appellate System. The Commission was instructed "to study the structure and internal procedures of the federal courts of appeal system" and to recommend such "changes in structure or internal procedure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal courts of appeal...."
In April 1975, the Commission issued a preliminary report of its views. Among the recommendations contained in that report was a proposal that …
Two Cheers For The Supreme Court, Paul A. Freund
Two Cheers For The Supreme Court, Paul A. Freund
Cleveland State Law Review
Text of speech given by Prof. Freund on the occasion of the presentation of the 1969 SCRIBES award for the best book written for laymen as well as lawyers, Law and Justice (Harvard University Press, 1968).
Book Notes And Books Received, Law Review Staff
Book Notes And Books Received, Law Review Staff
Vanderbilt Law Review
Book Notes
Labor Relations and Federal Law
By Donald H. Wollett
Seattle: University of Washington Press, 1949. Pp. xxv, 148, 30. $3.00
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Tennessee Personal Injury Fact Digest
Compiled by Eugene McSweeney
Nashville: The Fact Digest Co., 1949. Pp. 124. $5.50
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BOOKS RECEIVED
Cases on Federal Taxation
By Roswell Magill
Brooklyn: The Foundation Press, Inc., 1950. Pp. i, 546. $7.00
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Cases on Trusts
By George Gleason Bogert
Brooklyn: The Foundation Press, Inc., 1950. Pp. i, 1041. $7.50
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Differences in Income for Accounting and Federal Income Tax
By Clarence F. Reimer
Chicago: Commerce Clearing House, 1949. Pp. iii,184. …