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Supreme Court of the United States

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2016

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Articles 1 - 30 of 203

Full-Text Articles in Law

The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski Dec 2016

The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski

Touro Law Review

No abstract provided.


School Segregation And History Revisited, Alfred Avins Dec 2016

School Segregation And History Revisited, Alfred Avins

The Catholic Lawyer

No abstract provided.


Thompson V. Shapiro: Residence Requirements And The Right To Life Dec 2016

Thompson V. Shapiro: Residence Requirements And The Right To Life

The Catholic Lawyer

No abstract provided.


Selective Conscientious Objection, Gaillard T. Hunt Dec 2016

Selective Conscientious Objection, Gaillard T. Hunt

The Catholic Lawyer

No abstract provided.


Knowledge And Fourth Amendment Privacy, Matthew Tokson Dec 2016

Knowledge And Fourth Amendment Privacy, Matthew Tokson

Northwestern University Law Review

This Article examines the central role that knowledge plays in determining the Fourth Amendment’s scope. What people know about surveillance practices or new technologies often shapes the “reasonable expectations of privacy” that define the Fourth Amendment’s boundaries. From early decisions dealing with automobile searches to recent cases involving advanced information technologies, courts have relied on assessments of knowledge in a wide variety of Fourth Amendment contexts. Yet the analysis of knowledge in Fourth Amendment law is rarely if ever studied on its own.

This Article fills that gap. It starts by identifying the characteristics of Fourth Amendment knowledge. It finds, …


The Death Penalty And The Fifth Amendment, Joseph Blocher Dec 2016

The Death Penalty And The Fifth Amendment, Joseph Blocher

Northwestern University Law Review

Can the Supreme Court find unconstitutional something that the text of the Constitution “contemplates”? If the Bill of Rights mentions a punishment, does that make it a “permissible legislative choice” immune to independent constitutional challenges?

Recent developments have given new hope to those seeking constitutional abolition of the death penalty. But some supporters of the death penalty continue to argue, as they have since Furman v. Georgia, that the death penalty must be constitutional because the Fifth Amendment explicitly contemplates it. The appeal of this argument is obvious, but its strength is largely superficial, and is also mostly irrelevant to …


Habeas Corpus - An Erosion Of Law And Order? Dec 2016

Habeas Corpus - An Erosion Of Law And Order?

The Catholic Lawyer

No abstract provided.


Implications Of The Allen Textbook Decision, Robert F. Drinan, S.J. Dec 2016

Implications Of The Allen Textbook Decision, Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.


An Unhurried Look At Obscenity, John M. Regan, C.M. Dec 2016

An Unhurried Look At Obscenity, John M. Regan, C.M.

The Catholic Lawyer

No abstract provided.


Obscenity - A Re-Evaluation Dec 2016

Obscenity - A Re-Evaluation

The Catholic Lawyer

No abstract provided.


Introduction; The Past, Present And Future Of Free Speech, Joel M. Gora Dec 2016

Introduction; The Past, Present And Future Of Free Speech, Joel M. Gora

Journal of Law and Policy

This short paper introduces the papers and commentary produced at two significant First Amendment occasions. First was a 40th anniversary celebration of the Supreme Court’s landmark 1976 decision in Buckley v. Valeo, the fountainhead ruling on the intersection between campaign finance restrictions and First Amendment rights. The questions were discussed provocatively by two of the leading players in that decision, James Buckley himself, now a retired United States Circuit Judge, and Ira Glasser, former head of the ACLU who helped organize a strange bedfellows, left-right coalition to challenge the new federal election campaign laws on First Amendment grounds. …


The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith Dec 2016

The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith

Journal of Law and Policy

This article discusses the issue of campaign finance and the impact money has on the political process in the country. The author suggests campaign finance regulations that curb the current threat it poses to the system, as well as the First Amendment itself. Lastly, the author discusses the impact academics have had on the debate and this decline in support of free speech that has resulted from the debate.


Free Speech Matters: The Roberts Court And The First Amendment, Joel M. Gora Dec 2016

Free Speech Matters: The Roberts Court And The First Amendment, Joel M. Gora

Journal of Law and Policy

This article contends that the Roberts Court, in the period from 2006 to 2016, arguably became the most speech-protective Supreme Court in memory. In a series of wide-ranging First Amendment decisions, the Court sounded and strengthened classic free speech themes and principles. Taken together, the Roberts Court’s decisions have left free speech rights much stronger than they were found.

Those themes and principles include a strong libertarian distrust of government regulation of speech and presumption in favor of letting people control speech, a consistent refusal to fashion new “non-speech” categories, a reluctance to “balance” free speech away against governmental interests, …


Understanding Wellness International Network, Ltd. V. Sharif: The Problems With Allowing Parties To Impliedly Consent To Bankruptcy Court Adjudication Of Stern Claims, Elizabeth Jackson Dec 2016

Understanding Wellness International Network, Ltd. V. Sharif: The Problems With Allowing Parties To Impliedly Consent To Bankruptcy Court Adjudication Of Stern Claims, Elizabeth Jackson

Brooklyn Journal of Corporate, Financial & Commercial Law

The 2011 Supreme Court case Stern v. Marshall defined which claims bankruptcy courts had the authority to adjudicate, but it’s complicated holding left lower courts perplexed. Specifically, the Stern decision created “Stern claims”—claims that bankruptcy courts have the statutory, but not the constitutional, authority to adjudicate. Subsequent cases, such as Executive Benefits Insurance Agency v. Arkison and Wellness International Network, Ltd. v. Sharif, have grappled with whether Stern claims should be treated as “core” claims, which bankruptcy courts can enter final judgments on, or “non-core” claims, which bankruptcy courts can only enter final judgments on if the litigating parties consent. …


Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber Dec 2016

Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber

Brooklyn Journal of Corporate, Financial & Commercial Law

Historically, bankruptcy attorneys received the short end of the stick and were paid less for their services than attorneys in other fields of law. With the Bankruptcy Reform Act of 1978, Congress attempted to reduce the discrepancy in compensation. However, after the Supreme Court’s decision in Baker Botts v. ASARCO; L.L.C., the playing field remains unequal for bankruptcy attorneys. Following this decision, if a debtor disputes their attorney’s fee application, attorneys are at a disadvantage and cannot recover fees for defending their fee application. As a result, bankruptcy attorneys take an effective pay cut if they are faced with a …


The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow Nov 2016

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …


It Is Time For Washington State To Take A Stand Against Holmes's Bad Man: The Value Of Punitive Damages In Deterring Big Business And International Tortfeasors, Jackson Pahlke Nov 2016

It Is Time For Washington State To Take A Stand Against Holmes's Bad Man: The Value Of Punitive Damages In Deterring Big Business And International Tortfeasors, Jackson Pahlke

University of Michigan Journal of Law Reform

In Washington State, tortfeasors get a break when they commit intentional torts. Instead of receiving more punishment for their planned bad act, intentional tortfeasors are punished as if they committed a mere accident. The trend does not stop in Washington State—nationwide, punitive damage legislation inadequately deters intentional wrongdoers through caps and outright bans on punitive damages. Despite Washington State’s one hundred and twenty-five year ban on punitive damages, it is in a unique and powerful position to change the way courts across the country deal with intentional tortfeasors. Since Washington has never had a comprehensive punitive damages framework, and has …


Issue 1: Table Of Contents Nov 2016

Issue 1: Table Of Contents

University of Richmond Law Review

No abstract provided.


Grow Up Virginia: Time To Change Our Filial Responsibility Law, Sylvia Macon Nov 2016

Grow Up Virginia: Time To Change Our Filial Responsibility Law, Sylvia Macon

University of Richmond Law Review

No abstract provided.


In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker Nov 2016

In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker

University of Richmond Law Review

No abstract provided.


A Brave New Borderless World: Standardization Would End Decades Of Inconsistency In Determining Proper Personal Jurisdiction In Cyberspace Cases, Jonathan Spencer Barnard Oct 2016

A Brave New Borderless World: Standardization Would End Decades Of Inconsistency In Determining Proper Personal Jurisdiction In Cyberspace Cases, Jonathan Spencer Barnard

Seattle University Law Review

While various courts and numerous legal professionals have addressed the issue of inconsistent application of personal jurisdiction in cyberspace cases, the Supreme Court has yet to discuss the impact that technology might have on the analysis of personal jurisdiction; thus, many details remain unresolved. This Note examines the varying jurisdictional splits between the lower district courts, the courts of appeals, and the federal circuit court of appeals in determining the proper approach to take when dealing with Internet jurisdiction. After an examination of several key cases, this Note will explain why the Supreme Court, or the Legislature, should adopt an …


Incomplete Sentences: Hobby Lobby’S Corporate Religious Rights, The Criminally Culpable Corporate Soul, And The Case For Greater Alignment Of Organizational And Individual Sentencing, Kenya J.H. Smith Oct 2016

Incomplete Sentences: Hobby Lobby’S Corporate Religious Rights, The Criminally Culpable Corporate Soul, And The Case For Greater Alignment Of Organizational And Individual Sentencing, Kenya J.H. Smith

Louisiana Law Review

The article explores the history and policies that explain the disparate sentencing treatment of organizations and individuals under the Sentencing Reform Act of 1984 and attendant sentencing guidelines. It reports the Supreme Court's recognition of a business corporation's religious rights in the case "Burwell v. Hobby Lobby Stores, Inc."


The Road To Understanding The Confrontation Clause: Ohio V. Clark Makes A U-Turn, Julien Petit Oct 2016

The Road To Understanding The Confrontation Clause: Ohio V. Clark Makes A U-Turn, Julien Petit

Louisiana Law Review

The article discusses the Confrontation Clause and summarizes the state of the law before the U.S. Supreme Court's decision in the case "Ohio v. Clark." Topics discussed include problems that the decision caused and how these problems affect the admissibility of statements into evidence; and ways in which use of Confrontation Clause teat can eliminate confusion related to issue.


State Not Required To Provide Counsel On Appeal To Supreme Court Oct 2016

State Not Required To Provide Counsel On Appeal To Supreme Court

The Catholic Lawyer

No abstract provided.


"Allen Charge" Used In Absence Of Deadlocked Jury Oct 2016

"Allen Charge" Used In Absence Of Deadlocked Jury

The Catholic Lawyer

No abstract provided.


Ordinance Allowing Search Without A Warrant Held Invalid Oct 2016

Ordinance Allowing Search Without A Warrant Held Invalid

The Catholic Lawyer

No abstract provided.


The First Amendment And Canon Law, Brendan F. Brown Oct 2016

The First Amendment And Canon Law, Brendan F. Brown

The Catholic Lawyer

No abstract provided.


The Legality Of De Facto Segregation, Charles E. Rice Oct 2016

The Legality Of De Facto Segregation, Charles E. Rice

The Catholic Lawyer

No abstract provided.


Obscenity: Significance Of Literary Value Oct 2016

Obscenity: Significance Of Literary Value

The Catholic Lawyer

No abstract provided.


The Lawyer And Civil Rights, Joseph T. Tinnelly, C.M. Oct 2016

The Lawyer And Civil Rights, Joseph T. Tinnelly, C.M.

The Catholic Lawyer

No abstract provided.