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Articles 1 - 30 of 65
Full-Text Articles in Law
Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe
Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe
Law Faculty Scholarship
[Excerpt] "There is much to say about Justice Samuel Alito's draft opinion in Dobbs v. Jackson Women's Health Organization, which was leaked from the United States Supreme Court on May 2 [2022].
Obviously, the most significant direct consequence of the proposed decision, which overrules Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) while upholding the constitutionality of a Mississippi law that outlaws most abortions after 15 weeks of pregnancy, would be the restriction or elimination of abortion services throughout much of the nation. This will have all sorts of attendant consequences, large and smaller, many of which …
Commentary: The Workplace Vaccine Decision And Its Implications For Federal Regulatory Power, John M. Greabe
Commentary: The Workplace Vaccine Decision And Its Implications For Federal Regulatory Power, John M. Greabe
Law Faculty Scholarship
[Excerpt] "In a recent commentary, I contrasted the pragmatic consequentialism of retiring Supreme Court Justice Stephen Breyer – and, more generally, the other two members of the court’s liberal bloc (Justices Sonia Sotomayor and Elena Kagan) – with the structural formalism of the court’s six-justice conservative supermajority. I also suggested that this framework may provide a more useful way to understand many of the court’s recent and upcoming blockbuster decisions than the partisan angle that court watchers so frequently use."
Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso
Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: LeDure v. Union Pacific Railroad Company. Bradley LeDure, a long-time locomotive engineer for Union Pacific, slipped on the slick surface of a locomotive while it was idle but powered on, seriously injuring himself. If Union Pacific violated safety regulations under the Locomotive Inspection Act, then it would be negligent per se. But that theory of liability is only available if the locomotive was in use at the time of the accident. The case presents a question of statutory interpretation of the term use.
Ruth Bader Ginsburg’S Copyright Jurisprudence, Ann Bartow, Ryan G. Vacca
Ruth Bader Ginsburg’S Copyright Jurisprudence, Ann Bartow, Ryan G. Vacca
Law Faculty Scholarship
[Excerpt} "When Justice Ruth Bader Ginsburg died on September 18, 2020, the world lost a trailblazer for gender equality, a pop culture icon, a feisty liberal luminary who fought on behalf of the disenfranchised in the areas of civil rights and social justice, and an inspiration to millions of people. She will long be remembered for the social changes she helped effectuate as an advocate, scholar, and jurist.
Her amazing civil rights legacy overshadows other areas where Justice Ginsburg’s contributions have been substantial. This Article discusses one of the most interesting: copyright law. During her time as a jurist on …
United States Supreme Court Survey: 2018 Term: Iancu V. Brunetti: Free Speech Meets "Immoral And Scandalous" Trademarks In The Supreme Court, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Rescuing Our Democracy By Rethinking New York Times Co. V. Sullivan, David A. Logan
Rescuing Our Democracy By Rethinking New York Times Co. V. Sullivan, David A. Logan
Law Faculty Scholarship
No abstract provided.
Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies
Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Supreme Court Reinforces Mandatory Detention Of Immigrants, Peter Margulies
Supreme Court Reinforces Mandatory Detention Of Immigrants, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Travel Ban Decision, Administrative Law, Peter Margulies
The Travel Ban Decision, Administrative Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Labor Law Illiteracy: Epic Systems Corp. V. Lewis And Janus V. Afscme, Michael Yelnosky
Labor Law Illiteracy: Epic Systems Corp. V. Lewis And Janus V. Afscme, Michael Yelnosky
Law Faculty Scholarship
No abstract provided.
Digital Realty Trust V. Somers: Whistleblowers And Corporate Retaliation, Susan B. Heyman
Digital Realty Trust V. Somers: Whistleblowers And Corporate Retaliation, Susan B. Heyman
Law Faculty Scholarship
No abstract provided.
The Hard, Simple Truth About Gun Control, Carl Bogus
The Hard, Simple Truth About Gun Control, Carl Bogus
Law Faculty Scholarship
No abstract provided.
The Daca Case: Agencies’ “Square Corners” And Reliance Interests In Immigration Law, Peter Margulies
The Daca Case: Agencies’ “Square Corners” And Reliance Interests In Immigration Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies
Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies
Law Faculty Scholarship
No abstract provided.
At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies
At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Abortion Rights And The Kavanaugh Nomination, John M. Greabe
Abortion Rights And The Kavanaugh Nomination, John M. Greabe
Law Faculty Scholarship
[Excerpt] "Last week, President Trump nominated federal appeals court judge Brett Kavanaugh to fill the Supreme Court seat opened by the retirement of Justice Anthony Kennedy. Immediately, coverage of the nomination focused on abortion and whether Judge Kavanaugh's confirmation would spell the end of the constitutional right recognized in Roe v. Wade. Let's explore why."
Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies
Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Scotus's 2017-2018 Term: More Of The 'Passive Virtues', John M. Greabe
Scotus's 2017-2018 Term: More Of The 'Passive Virtues', John M. Greabe
Law Faculty Scholarship
[exerpt] "Examine a timelier topic: the court's decision to effectively punt on the major religious freedom and partisan gerrymandering cases it was poised to decide this term. For the court's restrain in these cases may have some relation to our turbulent political times."
Travel Ban Update: Fourth Circuit Affirms Injunction As Supreme Court Awaits Argument, Peter Margulies
Travel Ban Update: Fourth Circuit Affirms Injunction As Supreme Court Awaits Argument, Peter Margulies
Law Faculty Scholarship
No abstract provided.
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
Law Faculty Scholarship
No abstract provided.
Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies
Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies
Law Faculty Scholarship
No abstract provided.
United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan
Law Faculty Scholarship
No abstract provided.
Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies
Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies
Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies
Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies
Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies
Law Faculty Scholarship
No abstract provided.