Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Supreme Court (3)
- Judicial behavior (2)
- Oral argument (2)
- Advocacy (1)
- Article III standing (1)
-
- Certiorari (1)
- Congress (1)
- Corporate political spending (1)
- Courtroom humor (1)
- Discretion (1)
- Doctrinal change (1)
- Federal courts (1)
- Federal government (1)
- Ideology (1)
- Lower courts (1)
- Market risk (1)
- Nationwide injunctions (1)
- Political polarization (1)
- Public law litigation (1)
- Salience (1)
- Securities regulation (1)
- Shareholders United Act (1)
- Special solicitude (1)
- States (1)
- U.S. Supreme Court (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
The New Oral Argument: Justices As Advocates, Tonja Jacobi, Matthew Sag
The New Oral Argument: Justices As Advocates, Tonja Jacobi, Matthew Sag
Faculty Articles
This Article conducts a comprehensive empirical inquiry of fifty-five years of Supreme Court oral argument, showing that judicial activity has increased dramatically, in terms of words used, duration of speech, interruptions made, and comments proffered. The Court is asking no more questions of advocates; instead, the justices are providing conclusions and rebutting their colleagues. In addition, the justices direct more of their comments and questions to the side with whom they ultimately disagree. Furthermore, “losing” justices, be it ideological camps that are outnumbered on the Court or dissenters in specific cases, use oral arguments to push back against the dominant …
Judicial Choice Among Cases For Certiorari, Tonja Jacobi, Álvaro Bustos
Judicial Choice Among Cases For Certiorari, Tonja Jacobi, Álvaro Bustos
Faculty Articles
How does the Supreme Court choose among cases to grant cert? In a model with a strategic Supreme Court, a continuum of rule-following lower courts, a set of potential cases for revision, and a distribution of future lower court cases, we show that the Court takes the case that will most significantly shape future lower court case outcomes in the direction that the Court prefers. That is, the Court grants cert to the case with maximum salience. If the Court is rather liberal (or conservative), then the most salient case is that which moves the discretionary range of the legal …
Taking Laughter Seriously At The Supreme Court, Tonja Jacobi, Matthew Sag
Taking Laughter Seriously At The Supreme Court, Tonja Jacobi, Matthew Sag
Faculty Articles
Laughter in Supreme Court oral arguments has been misunderstood, treated as either a lighthearted distraction from the Court’s serious work, or interpreted as an equalizing force in an otherwise hierarchical environment. Examining the more than nine thousand instances of laughter witnessed at the Court since 1955, this Article shows that the Justices of the Supreme Court use courtroom humor as a tool of advocacy and a signal of their power and status. As the Justices have taken on a greater advocacy role in the modern era, they have also provoked more laughter.
The performative nature of courtroom humor is apparent …
State Standing For Nationwide Injunctions Against The Federal Government, Jonathan R. Nash
State Standing For Nationwide Injunctions Against The Federal Government, Jonathan R. Nash
Faculty Articles
Recent years have seen a substantial increase of cases in which states seek, and indeed obtain, nationwide injunctions against the federal government. These cases implicate two complicated questions: first, when a state has standing to sue the federal government, and second, when a nationwide injunction is a proper form of relief. For their part, scholars have mostly addressed these questions separately. In this Essay, I analyze the two questions together. Along the way, I identify drawbacks and benefits of nationwide injunctions, as well as settings where nationwide injunctions may be desirable and undesirable. I present arguments that, although I do …
Shareholders United?, Andrew K. Jennings
Shareholders United?, Andrew K. Jennings
Faculty Articles
Securities regulation has a way of crossing into other lanes. What public companies do is substantive regulation. How they govern themselves while doing it-or more importantly, how they disclose it-is securities regulation. So it is no surprise that the perennial concern over regulating money in politics should also become a question of federal securities regulation. The Shareholders United Act (the "Act")-passed by the House of Representatives as part of House Bill 1, an early, major piece of legislation in the 116th Congress-does just that. The Act would require that before engaging in political spending, public companies poll shareholders on how …