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Full-Text Articles in Law
The Limits Of Advocacy, Amanda Frost
The Limits Of Advocacy, Amanda Frost
Duke Law Journal
Party control over case presentation is regularly cited as a defining characteristic of the American adversarial system. Accordingly, American judges are strongly discouraged from engaging in so-called "issue creation"-that is, raising legal claims and arguments that the parties have overlooked or ignored-on the ground that doing so is antithetical to an adversarial legal culture that values litigant autonomy and prohibits agenda setting by judges. And yet, despite the rhetoric, federal judges regularly inject new legal issues into ongoing cases. Landmark Supreme Court decisions such as Erie Railroad Co. v. Tompkins and Mapp v. Ohio were decided on grounds never raised …
Restoring Rluipas Equal Terms Provision, Sarah Keeton Campbell
Restoring Rluipas Equal Terms Provision, Sarah Keeton Campbell
Duke Law Journal
The Religious Land Use and Institutionalized Persons Act's (RLUIPA) equal terms provision prohibits government from implementing a land-use regulation in a manner that treats religious assemblies and institutions less favorably than secular assemblies and institutions. Lower courts have only begun to interpret and apply RLUIPA's equal terms provision, but already they have significantly weakened its protections of religious liberty by giving the provision unnecessarily restrictive interpretations. Not surprisingly, in light of the Supreme Court's invalidation of the Religious Freedom Restoration Act of 1993 (RFRA), the lower courts' restrictive readings seen? driven by concerns that a broader interpretation would exceed Congress's …
What Can Brown Do For You?: Neutral Principles And The Struggle Over The Equal Protection Clause, Pamela S. Karlan
What Can Brown Do For You?: Neutral Principles And The Struggle Over The Equal Protection Clause, Pamela S. Karlan
Duke Law Journal
No abstract provided.