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Full-Text Articles in Law
In This Issue, What Would Justice Brennan Say To Justice Thomas?, Stephen Wermiel
In This Issue, What Would Justice Brennan Say To Justice Thomas?, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Backdoor Balancing And The Consequences Of Legal Change, Elizabeth Earle Beske
Backdoor Balancing And The Consequences Of Legal Change, Elizabeth Earle Beske
Articles in Law Reviews & Other Academic Journals
The U.S. Supreme Court has employed various mechanisms to blunt the systemic impact of legal change. The Warren Court balanced the interests advanced by new rules against the disruption of their retroactive application and frequently limited new rules to prospective effect. The Rehnquist Court decisively rejected this approach in the mid-1990s and committed itself to full adjudicative retroactivity as to pending cases. This Article argues that, although the Court slammed a door, it subsequently opened a window. The Court has spent the intervening decades devising ostensibly independent and unrelated doctrines to mitigate disruption. Despite the Rehnquist Court’s insistence that these …
Human Rights Heroes: The Challengers Of Free Speech, Stephen Wermiel
Human Rights Heroes: The Challengers Of Free Speech, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
The U.S. Supreme Court's jurisprudence on freedom of speech and press spans little more than 100 years, during which justices from Oliver Wendell Holmes to John Roberts have weighed in on the development of the law. But perhaps more than in some other areas of constitu- tional law, the evolution and growth of free speech have required the courage, sacrifice, determination, and commitment of hundreds, maybe thousands, of litigants over the years who have waged heroic struggles for their rights.
What Would Justice Brennan Say To Justice Thomas, Stephen Wermiel
What Would Justice Brennan Say To Justice Thomas, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.