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Articles 1 - 14 of 14
Full-Text Articles in Law
An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein
An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein
Richard Daniel Klein
No abstract provided.
The Behavior Of Justice Douglas In Federal Tax Cases, Marjorie A. Silver, Bernard Wolfman, Jonathan L. F. Silver
The Behavior Of Justice Douglas In Federal Tax Cases, Marjorie A. Silver, Bernard Wolfman, Jonathan L. F. Silver
Marjorie A. Silver
No abstract provided.
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Eileen Kaufman
No abstract provided.
Shift Happens: The Supreme Court Of The United States’ Shifting Anti-Discrimination Rhetoric, Theresa M. Beiner
Shift Happens: The Supreme Court Of The United States’ Shifting Anti-Discrimination Rhetoric, Theresa M. Beiner
Theresa M. Beiner
The United States Supreme Court's discourse on discrimination affects how fundamental civil rights -- such as the right to be free from gender and race discrimination B are adjudicated and conceptualized in this country. Shortly after Congress=s passage of Title VII of the Civil Rights Act of 1964, the Court established precedent that assumed discrimination, absent some other compelling explanation for employer or government conduct. Over time, however, that presumption has dissipated and today, the Court actually presumes non-discrimination absent some evidence that shows an employer or governmental actor was intentionally discriminating. This paper will describe the shift in the …
May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins
May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins
Lori A. Ringhand
This paper examines the questions asked and answers given by every Supreme Court nominee who has appeared to testify before the Senate Judiciary Committee since 1939. In doing so, it uses a new dataset developed by the authors. This dataset, which provides a much-needed empirical foundation for scholarship in emerging areas of constitutional law and political science, captures all of the statements made at the hearings and codes these comments by issue area, subissue area, party of the appointing president, and party of the questioning senator. The dataset allows us to quantify for the fist time such things as which …
Changing The Rules Of The Game: Deriving New Rules And Practices From Caperton V. A.T. Massey Coal Co., Aman L. Mcleod
Changing The Rules Of The Game: Deriving New Rules And Practices From Caperton V. A.T. Massey Coal Co., Aman L. Mcleod
Aman L McLeod
In 2009, the United States Supreme Court decided the case of Caperton v. A.T. Massey Coal Co., in which it ruled that judges must recuse themselves in cases involving those who have provided a disproportionate amount of financial support to their campaigns. This decision has forced states to reconsider their campaign finance laws and their judicial recusal rules. This article proposes practical and modest reforms that states could adopt that would effectively respond to the Caperton decision.
Why The Supreme Court Issues Plurality Opinions, David R. Stras, James F. Spriggs
Why The Supreme Court Issues Plurality Opinions, David R. Stras, James F. Spriggs
David R Stras
Many of the Supreme Court’s most important decisions, such as those involving executive power and the constitutionality of abortion regulations, are decided by plurality decision. Plurality opinions result when five or more Justices agree on the result in a particular case but no single rationale or opinion garners five votes. Many Justices, including William Rehnquist and Ruth Bader Ginsburg, have addressed the problems created by plurality opinions, such as interpretive difficulties in determining the Court’s holding, but few scholars have addressed plurality decisions other than in passing. In the first empirical analysis examining the occurrence of plurality decisions, the authors …
Presidential Ambitions Of U.S. Supreme Court Justices: A History And An Ethical Warning, William G. Ross
Presidential Ambitions Of U.S. Supreme Court Justices: A History And An Ethical Warning, William G. Ross
William G. Ross
A remarkably large number of U.S. Supreme Court justices have had presidential aspirations while serving on the Court. Several have conducted covert presidential campaigns, and a few nineteenth century justices even campaigned openly from the bench. In at least three quarters of the elections between 1832 and 1956, one or more justices attempted to obtain a presidential or vice presidential nomination or were prominently mentioned as possible candidates. During the past half century, no Supreme Court justice appears to have entertained serious presidential ambitions, probably because no justice who has been appointed during the past fifty years has held any …
Presidential Ambitions Of U.S. Supreme Court Justices: A History And An Ethical Warning, William G. Ross
Presidential Ambitions Of U.S. Supreme Court Justices: A History And An Ethical Warning, William G. Ross
William G. Ross
A remarkably large number of U.S. Supreme Court justices have had presidential aspirations while serving on the Court. Several have conducted covert presidential campaigns, and a few nineteenth century justices even campaigned openly from the bench. In at least three quarters of the elections between 1832 and 1956, one or more justices attempted to obtain a presidential or vice presidential nomination or were prominently mentioned as possible candidates. During the past half century, no Supreme Court justice appears to have entertained serious presidential ambitions, probably because no justice who has been appointed during the past fifty years has held any …
Patent Law And The Two Cultures, Peter Lee
Patent Law And The Two Cultures, Peter Lee
Peter Lee
A half century ago, author and physicist C.P. Snow warned of a “gulf of mutual incomprehension” between the liberal arts and sciences. Snow’s “Two Cultures” thesis is particularly relevant to patent law, a realm where law and science intersect. Drawing on Snow’s framework, this Article addresses challenges that arise when lay judges must engage, understand, and ultimately pass judgment on complex technologies. It first argues that technological subject matter imposes significant cognitive burdens on generalist judges. It then explores the “cognitive miser” model whereby lay persons adopt heuristics and defer to expertise to limit their engagement with technology. Drawing from …
The Precedent-Based Voting Paradox, David Cohen
The Precedent-Based Voting Paradox, David Cohen
David S Cohen
A voting paradox arises when the outcome of a case is the opposite of the resolution of the individual issues within the case. For instance, eight Justices believe a statute is constitutional under the Due Process Clause, and five Justices believe the same statute is constitutional under the Takings Clause. Yet, because one Justice believes the statute violates the Due Process Clause and four Justices believe the statute violates the Takings Clause, a majority of the Court finds the statute is unconstitutional. Scholars have looked at voting paradoxes in the Supreme Court and found roughly twenty over the Court’s history. …
Majority Rule Not A Clearly Stated Component Of United States Constitution Or Supreme Court Decisions-Supreme Court And Judicial Rulings Could Even Be Seen As Advisory Not Binding Based On The Us Constitution, James T. Struck
James T Struck
Majority rule may play a role in the election of a president, but the Constitution does not apply such rule to the Supreme Court or other courts in a stated or clear way. Supreme Court decisions may be seen as advisory based on the lack of mention of judicial roles in the US Constitution, but contempt concepts indicate that judicial decisions are supposed to be seen as binding. Many judicial decisions can be seen as advisory, although clearly tradition has seen judicial rulings as binding and enforceable rather than advisory. From the perspective of the US Constitution, we could see …
The Untold Story Of Crane V. Commissioner Reveals An Inconvenient Tax Truth: Useless Depreciation Deductions Cause Global Basis Erosion To Bait A Hazardous Tax Trap For Unwitting Taxpayers, I Jay Katz
Irwin J Katz
Facts not discussed in the Supreme Court's decision in Crane v. Commissioner (much better known for Footnote 37) reveal an inconvenient tax truth of a hazardous tax trap for unwitting taxpayers (the "Basis Reduction Tax Trap"). For seven years, Beulah Crane operated an apartment building at a loss. For that reason, the substantial amount of allowable depreciation deductions on the building produced minimal tax benefits for her. Notwithstanding the lack of tax benefits, the basis of the apartment building was reduced by the depreciation deductions pursuant to section 1016(a) (2) of the Internal Revenue Code. Under threat of foreclosure, Beulah …
The Supreme Court's Anti-Retaliation Principle, Richard E. Moberly
The Supreme Court's Anti-Retaliation Principle, Richard E. Moberly
Richard E. Moberly
In five cases issued during the last five years, the Supreme Court interpreted statutory antiretaliation provisions broadly to protect employees who report illegal employer conduct. These decisions conflict with the common understanding of the Court as pro-employer and judicially conservative. In a sixth retaliation decision during this time, however, the Court interpreted constitutional antiretaliation protection narrowly; an act that fits with the Court’s pro-employer image but diverges from the antiretaliation stance it appeared to take in the other five retaliation cases. This Article explains these seemingly anomalous results by examining the last fifty years of the Supreme Court’s retaliation jurisprudence. …