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Originalism And Summary Judgment, Brian T. Fitzpatrick
Originalism And Summary Judgment, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
Over the last several years, the Supreme Court has revolutionized modern criminal procedure by invoking the Sixth Amendment right to a jury trial to strike down several sentencing innovations. This revolution has been led by members of the Supreme Court who follow an "originalist" method of constitutional interpretation. Recent work by the legal historian Suja Thomas has raised the question whether a similar "originalist" revolution may be on the horizon in civil cases governed by the Seventh Amendment’s right to a jury trial. In particular, Professor Thomas has argued that the summary judgment device is unconstitutional because it permits judges …
Right Problem; Wrong Solution, Nancy J. King, Joseph L. Hoffmann
Right Problem; Wrong Solution, Nancy J. King, Joseph L. Hoffmann
Vanderbilt Law School Faculty Publications
In Boumediene v. Bush, the Supreme Court, in a powerful and eloquent majority opinion by Justice Anthony Kennedy, vindicated the right of a non-U.S. citizen, held in custody at a military base outside the United States, to use the writ to challenge the legality of his incarceration.1 Boumediene was a triumph of both the individual petitioner and the judiciary over the powers of the executive, and represents a high-water mark in the long and celebrated history of habeas.