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Articles 1 - 30 of 45
Full-Text Articles in Law
Section 1: Ferguson V. City Of Charleston, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Ferguson V. City Of Charleston, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 10: Also This Term, Institute Of Bill Of Rights Law, William & Mary Law School
Section 10: Also This Term, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 8: The Environment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: The Environment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 2: The Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: The Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 3: The 2000 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: The 2000 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 6: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 8: Looking Ahead: Upcoming Issues In The Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Looking Ahead: Upcoming Issues In The Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Faculty Publications
No abstract provided.
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Cornell Law Faculty Publications
Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. By the 1970s and 1980s, standing limits traced to Article III’s case-or-controversy language had replaced the political question doctrine as the favored justiciability device. Although both political question and standing doctrines remain tools in the Court’s arsenal of threshold decision making,3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional …
Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum
Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum
Michigan Telecommunications & Technology Law Review
The purpose of this comment is to analyze the potential First Amendment implications of the appearance of bomb-making instructions on the Web in the United States. Moreover, this comment will ultimately consider the notion that "because Brandenburg allows consideration of all the unique characteristics of the Web, there is no reason to formulate new jurisprudence merely because of new technology." Part II examines the seminal cases in the area of speech action, including Schenck v. United States, Hess v. Indiana, and Brandenburg v. Ohio, and the adulations and criticisms that resulted from these cases. Part III discusses the civil cases …
The United Mall Of America: Free Speech, State Constitutions, And The Growing Fortress Of Private Property, Jennifer Niles Coffin
The United Mall Of America: Free Speech, State Constitutions, And The Growing Fortress Of Private Property, Jennifer Niles Coffin
University of Michigan Journal of Law Reform
Scholars have called the shopping mall the modern replacement for the traditional town square, a claim that is supported by both public investment in infrastructure through municipal and state bond issues and by the presence of public services and events in many malls. Mall owners and tenants have exploited this quasi public character by inviting government agencies to become tenants in the malls ("City Hall at the Mall") despite claiming that malls are private property where constitutionally protected freedoms do not apply. After an initial and shortlived ruling that mall visitors do indeed have free speech rights, the Supreme Court …
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Review Of Leaving The Bench: Supreme Court Justices At The End, By D. N. Atkinson, Richard D. Friedman
Review Of Leaving The Bench: Supreme Court Justices At The End, By D. N. Atkinson, Richard D. Friedman
Reviews
David Atkinson points out an interesting anomaly near the beginning of his book, Leaving the Bench: scholars have spent an enormous amount of energy studying entrance to the Supreme Court-how justices are chosen-but much less studying exit. It is indeed an important issue. Do justices stay too long (or perhaps leave too early)? What mechanisms are in place to induce them to leave the Court when the time has come, and passed? Are further mechanisms needed?
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Publications
No abstract provided.
Thirty Years Of Environmental Protection Law In The Supreme Court, Richard J. Lazarus
Thirty Years Of Environmental Protection Law In The Supreme Court, Richard J. Lazarus
Georgetown Law Faculty Lectures and Appearances
It is an honor to present a lecture named after Lloyd Garrison and to be here at Pace Law School. It is especially fitting, of course, that the first Garrison Lecture was presented by Pace's own David Sive. Professor Sive, as we all know, worked closely with Garrison on the celebrated Scenic Hudson litigation. Few legal counsel have been so closely identified with the emergence of the environmental law profession during the past three decades. Indeed, if there were such a thing as a legal thesaurus that linked substantive areas of law with lawyers and one looked up "environ-mental law," …
No Trade Dress Protection For Anything Disclosed In A Patent: A Defense Of The Supreme Court's Per Se Restriction, Glen A. Weitzer
No Trade Dress Protection For Anything Disclosed In A Patent: A Defense Of The Supreme Court's Per Se Restriction, Glen A. Weitzer
Marquette Intellectual Property Law Review
Conflicts between patent and trademark law arise when the owner of a patent seeks to protect the physical configuration disclosed in a patent. Patent law requires that information in a patent be dedicated to the public upon expiration of the patent; however, trademark law can be used upon expiration of the patent to continue to exclude certain aspects of the art disclosed in the patent. This note explores existing jurisprudence on the conflict between patent and trademark law and proposes a remedy to this conflict.
Contract Reading' In Labor Arbitration, Theodore J. St. Antoine
Contract Reading' In Labor Arbitration, Theodore J. St. Antoine
Articles
A quarter century ago, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. This phrase has almost invariable been misunderstood to refer to reading or interpreting the contract. When I spoke of the "contract reader," it was in the context of judicial review of an award. My point was this: When a court has before it an arbitrator's award applying a collective bargaining agreement, it is as if the employer and the union had signed a stipulation stating: "What the arbitrator says this contract means is exactly what we meant …
Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier
Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier
Articles
The law of takings couples together matters that should be treated independently. The conventional view, shared by courts and commentators alike, has been that any takings case can be resolved in one of two ways: either there is a taking and compensation is due, or there is no taking and no compensation is due. These results are fine as long as one holding or the other serves the two central concerns of the Takings Clause - eficiency and justice. But a problem arises when the two purposes behind the law of takings come into cordhct, as they readily might. It …
The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf
The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf
Michigan Journal of Race and Law
This Case Note lays out Wardlow's pertinent facts, describes the decisions of the Court and lower courts, and then analyzes the ramifications of the Court's holding. In particular, this Case Note argues that the Court's ruling recognizes substantially less Fourth Amendment protections for people of color and indigent citizens than for wealthy Caucasians. This perpetuates a cycle of humiliating experiences, as well as fear and mistrust of the police by many poor people of color.
The Alienation Of Fathers, Linda Kelly
The Alienation Of Fathers, Linda Kelly
Michigan Journal of Race and Law
By evaluating immigration and custody law from a father's perspective and thereby uncovering and addressing the biases held against men, both fathers and mothers will achieve greater recognition. Beyond revealing gender discrimination, such a study also demonstrates the disparate views still harbored toward unmarried parents. Examining custody and immigration law with an emphasis on these issues will hopefully foster a dialogue that brings the law in line with the reality of today's families and promotes each family member's individual potential.
Cardozo The [Small R] Realist, Richard D. Friedman
Cardozo The [Small R] Realist, Richard D. Friedman
Reviews
In Part I of this Review, I will discuss aspects of Cardozo's life and character. In Part II, I will discuss Cardozo's jurisprudential theory as revealed in his lectures and essays. In Part IlI, I will suggest how we gain a better perspective on his judicial opinions by understanding not only that theory but also the man and his life.
Congress' Arrogance, Yale Kamisar
Congress' Arrogance, Yale Kamisar
Articles
Does Dickerson v. U.S., reaffirming Miranda and striking down §3501 (the federal statute purporting to "overrule" Miranda), demonstrate judicial arrogance? Or does the legislative history of §3501 demonstrate the arrogance of Congress? Shortly after Dickerson v. U.S. reaffirmed Miranda and invalidated §3501, a number of Supreme Court watchers criticized the Court for its "judicial arrogance" in peremptorily rejecting Congress' test for the admissibility of confessions. The test, pointed out the critics, had been adopted by extensive hearings and debate about Miranda's adverse impact on law enforcement. The Dickerson Court did not discuss the legislative history of §3501 at all. However, …
On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar
On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar
Book Chapters
I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v Glucksberg and Vacco v Quill. I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
Scholarship@WashULaw
Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …
Dna As Evidence: Viewing Science Through The Prism Of The Law, Peter Donnelly, Richard D. Friedman
Dna As Evidence: Viewing Science Through The Prism Of The Law, Peter Donnelly, Richard D. Friedman
Articles
In this article, we analyze a problem related to DNA evidence that is likely to be of great and increasing significance in the near future. This is the problem of whether, and how, to present evidence that the suspect has been identified through a DNA database search. In our view, the two well-known reports on DNA evidence issued by the National Research Council (NRC) have been badly mistaken in their analysis of this problem. The mistakes are significant because the reports have carried great authority with American courts; moreover, the DNA Advisory Board of the FBI has endorsed the second …
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard
Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard
Articles
This Article proceeds in four parts. Part I provides background on the historical development of constitutional federalism, the Supreme Court's decisions in this area, and the apparent demise of constitutional limits on federal power. Part II then reviews the Court's revival of constitutional federalism over the last decade. Based on this review, I argue that the Supreme Court's current federalism doctrine can be understood as a "constrained libertarianism" that attempts to use constitutional structure as a check on government interference with individual liberty. In this model, states are respected in our constitutional system because of the counterbalance that they provide …