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Articles 1 - 10 of 10
Full-Text Articles in Law
Supreme Court Historical Society Organized To Preserve And Interpret Details Of Judicial History, William F. Swindler
Supreme Court Historical Society Organized To Preserve And Interpret Details Of Judicial History, William F. Swindler
Popular Media
No abstract provided.
Nixon's Legacy To The Supreme Court: A Statistical Analysis Of Judicial Behavior, S. Sidney Ulmer, John A. Stookey
Nixon's Legacy To The Supreme Court: A Statistical Analysis Of Judicial Behavior, S. Sidney Ulmer, John A. Stookey
Florida State University Law Review
No abstract provided.
Minor Supreme Court Justices: Their Characteristics And Importance, David N. Atkinson
Minor Supreme Court Justices: Their Characteristics And Importance, David N. Atkinson
Florida State University Law Review
No abstract provided.
Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin
Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin
Buffalo Law Review
No abstract provided.
The Taney Period, 1836-64, David S. Bogen
Thoughts On Rodriguez: Mr. Justice Powell And The Demise Of Equal Protection Analysis In The Supreme Court, Larry W. Yackle
Thoughts On Rodriguez: Mr. Justice Powell And The Demise Of Equal Protection Analysis In The Supreme Court, Larry W. Yackle
University of Richmond Law Review
Continuity with the Warren Court jurisprudence is not a duty but only a necessity. The necessity is not to follow precedent blindly, but to explain the reasons for departure from it and to justify, again by reason rather than personal predilection, the results reached in every case.
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Articles
Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …
Henry V. Mississippi And The Adequate State Ground: Proposals For A Revised Doctrine, Terrance Sandalow
Henry V. Mississippi And The Adequate State Ground: Proposals For A Revised Doctrine, Terrance Sandalow
Book Chapters
More than a century ago, the then former Justice Curtis reminded the Bar that "questions of jurisdiction were questions of power as between the United States and the several States." Accordingly, any expansion of the jurisdiction of federal courts is an occasion for alarm for those to whom the slogan of "state's rights" is a substitute for analysis. Justice Curtis was aware, however, that Scylla and Charybdis were both to be avoided. Failure to extend the jurisdiction of federal courts to appropriate cases may be as great a disservice to the federal system as an undue expansion of that jurisdiction. …
Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel
Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel
Book Chapters
In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggests that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …
Constitutional Common Law, Henry Paul Monaghan
Constitutional Common Law, Henry Paul Monaghan
Faculty Scholarship
Mr. Justice Powell has publicly characterized the 1974 Term of the Supreme. Court as a "dull" one. Whatever the accuracy of that description, the 1974 Term was, in the public eye, a quiet one. When, late in the Term, the Court ordered the death penalty case held over for reargument, it ensured that the 1974 Term would generate few front-page testimonials to the supreme authority of the Supreme Court. But neither a dull nor a quiet Term can obscure the current reality that the Court's claim to be the "ultimate interpreter of the Constitution" appears to command more nearly universal …