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Full-Text Articles in Law
Inheriting The Wind: The Supreme Court And Capital Punishment In The 1990s, Franklin E. Zimring
Inheriting The Wind: The Supreme Court And Capital Punishment In The 1990s, Franklin E. Zimring
Franklin E. Zimring
No abstract provided.
The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky
The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky
Erwin Chemerinsky
From the perspective of public interest law, the Rehnquist Court, simply put, is a disaster.
The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin
The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin
Andrew Chin
The Supreme Court’s 2010 decision in Bilski v. Kappos appears to have provided inadequate guidance to the courts and the Patent Office regarding the scope of the abstract-ideas exclusion from patentable subject matter. Federal Circuit Chief Judge Randall R. Rader, however, appears to have found in that decision a clear vindication of his own view that the machine-or-transformation test is incorrectly grounded in “the age of iron and steel at a time of subatomic particles and terabytes,” and thus fails, for example, to accommodate advances in “software [that] transform[] our lives without physical anchors.” Chief Judge Rader has subsequently authored …
The Supreme Court, Race, And The Class Struggle, Thomas Kleven
The Supreme Court, Race, And The Class Struggle, Thomas Kleven
Thomas Kleven
No abstract provided.
Duke-Ing Out Pattern Or Practice After Wal-Mart: The Eeoc As Fist, Angela D. Morrison
Duke-Ing Out Pattern Or Practice After Wal-Mart: The Eeoc As Fist, Angela D. Morrison
Angela D. Morrison
No abstract provided.
Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, Donald L. Beschle
Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, Donald L. Beschle
Donald L. Beschle
No abstract provided.
Setting The Supreme Court's Agenda: Is There A Place For Certification, Amanda L. Tyler
Setting The Supreme Court's Agenda: Is There A Place For Certification, Amanda L. Tyler
Amanda L Tyler
No abstract provided.
National Security And The Rehnquist Court, John Yoo
Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo
Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo
John C Yoo
No abstract provided.
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
john a. powell
The article describes an observation made by Justice Hugo Black in the case Connecticut General Life Insurance v. Johnson in 1937. According to Black, less than one-half of 1% of the cases reaching the U.S. Supreme Court under the Fourteenth Amendment had anything to do with blacks or freed slaves, while more than 50% of cases reaching the Court were about corporations. It recounts the early civil rights under the Fourteenth Amendment and the scholarly work on civil rights and corporate history before and after reconstruction.
Parents Involved: The Mantle Of Brown, The Shadow Of Plessy, John A. Powell, Stephen Menendian
Parents Involved: The Mantle Of Brown, The Shadow Of Plessy, John A. Powell, Stephen Menendian
john a. powell
The article explores the historical interpretations of the Fourteenth Amendment and the Supreme Court's ruling in the Parents Involved case. It argues that the Court's anticlassification principle is not supported by the central meaning and legacy of Brown. It states that the decision has changed the meaning of Brown via adopting formal equality as a normative constitutional principle. It adds that the court dismisses the harm of segregation and stresses the harm of racial classification.
The Ideological Effects Of Actuarial Practices, Jonathan Simon
The Ideological Effects Of Actuarial Practices, Jonathan Simon
Jonathan S Simon
Over the last century, there has been significant growth of practices that distribute costs and benefits to individuals based on statistical knowledge about the population. These actuarial practices, like insurance premium setting and standardized testing in educational admissions, are successful largely because they allow power to be exercised more effectively and at lower political cost. At the same time, they generate ideological effects that have the potential to transform the way individuals understand themselves and their groups. In a 1978 case, 'City of Los Angeles Department of Water and Power' v. 'Manhart,' the Supreme Court considered a challenge to the …
The Supreme Court, The Law Of Nations, And Citations Of Foreign Law: The Lessons Of History, Daniel A. Farber
The Supreme Court, The Law Of Nations, And Citations Of Foreign Law: The Lessons Of History, Daniel A. Farber
Daniel A Farber
The article attempts to examine the U.S. Supreme Court's (SC) reliance on foreign law in light of historic American attitudes toward the law of nations and other forms of foreign authority. First, it provides additional background on the current SC's reliance on foreign law. Second, it looks at the historical record, explaining how foreign law influenced the thinking of the framers of the Constitution and of the anti-slavery Republicans. Third, it surveys the history of SC's use of foreign law in constitutional decisions. Fourth, it assesses some of the arguments against SC use of foreign law in light of the …
Is The Supreme Court Irrelevant--Reflections On The Judicial Role In Environmental Law, Daniel A. Farber
Is The Supreme Court Irrelevant--Reflections On The Judicial Role In Environmental Law, Daniel A. Farber
Daniel A Farber
No abstract provided.
Moving The Supremes To The Heartland: The Case For Omaha, Daniel A. Farber
Moving The Supremes To The Heartland: The Case For Omaha, Daniel A. Farber
Daniel A Farber
No abstract provided.
Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo
Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo
Jesse H Choper
No abstract provided.
On The Difference In Importance Between Supreme Court Doctrine And Actual Consequences: A Review Of The Supreme Court's 1996-1997 Term, Jesse H. Choper
On The Difference In Importance Between Supreme Court Doctrine And Actual Consequences: A Review Of The Supreme Court's 1996-1997 Term, Jesse H. Choper
Jesse H Choper
No abstract provided.
Church, State And The Supreme Court: Current Controversy, Jesse Choper
Church, State And The Supreme Court: Current Controversy, Jesse Choper
Jesse H Choper
No abstract provided.
Benchmarks, Jesse H. Choper
Benchmarks, Jesse H. Choper
Jesse H Choper
Discusses the decisionmaking trends of the US Supreme Court in 1994. Implications of appointment of Ruth Bader Ginsburg to the Supreme Court; Ginsburg's career background.
Ruth Bader Ginsburg, Professor Of Law, Herma Hill Kay
Ruth Bader Ginsburg, Professor Of Law, Herma Hill Kay
Herma Hill Kay
No abstract provided.