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Full-Text Articles in Law
Justice Stevens' Temperance, Jamal Greene
Justice Stevens' Temperance, Jamal Greene
Faculty Scholarship
On the last opinion day of the last of his 35 Terms on the Supreme Court, Justice John Paul Stevens issued his valedictory opinion, a 57-page dissent in McDonald v. City of Chicago. Justice Stevens laid out an expansive vision of constitutional interpretation that Justice Alito aptly called "eloquent" in his plurality opinion. Not one for sentimental farewells, Justice Scalia was less generous: "Justice Stevens' approach," he wrote in the last line of his concurring opinion," puts democracy in peril."
The Story Of Bob Jones University V. United States: Race, Religion, And Congress' Extraordinary Acquiescence, Olatunde C.A. Johnson
The Story Of Bob Jones University V. United States: Race, Religion, And Congress' Extraordinary Acquiescence, Olatunde C.A. Johnson
Faculty Scholarship
On May 25, 1983, the Supreme Court ruled 8-1 that the United States Internal Revenue Service (IRS) had authority to deny tax-exempt status to Bob Jones University, Goldsboro Christian School, and other private and religious schools with racially discriminatory educational policies. The Court relied on the statute’s broad purpose and placed significant weight on Congress’ failure to enact legislation to overturn the IRS policy. A complete account of the legislative history, provided here, both supports and undercuts the Court’s opinion. More importantly, this story provides an account of the dynamic interaction among a Supreme Court critical of racial integration, a …