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Full-Text Articles in Law

Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa Grumet Jan 2019

Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa Grumet

Articles & Chapters

In all fifty states, the State Attorney General (SAG) — as the state’s chief legal officer — is charged with defending state laws that are challenged in court. If an SAG declines to defend or challenges a state law on the ground that it is unconstitutional — an action scholars describe as “nondefense” — the SAG ordinarily will disclose this decision to the public.

This Essay discusses a hidden form of nondefense that can occur when SAGs file amicus curiae briefs on behalf of their states in matters before the U.S. Supreme Court. Surprisingly, some SAGs have joined multistate amicus …


The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe Jan 2018

The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe

Other Publications

No abstract provided.


Forum: What’S The Matter With The Supreme Court?, Michael Klarman, Nadine Strossen, Eli Noam, Sanford Levinson, Mark Tushnet Jan 2018

Forum: What’S The Matter With The Supreme Court?, Michael Klarman, Nadine Strossen, Eli Noam, Sanford Levinson, Mark Tushnet

Other Publications

No abstract provided.


What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr. Jan 2017

What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.


The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr. Jan 2017

The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.


Scotus Denies Review In Gay Rights Case, Arthur S. Leonard Jan 2017

Scotus Denies Review In Gay Rights Case, Arthur S. Leonard

Other Publications

No abstract provided.


Scotus Won’T Step Into Houston Benefits Case, For Now, Arthur S. Leonard Jan 2017

Scotus Won’T Step Into Houston Benefits Case, For Now, Arthur S. Leonard

Other Publications

No abstract provided.


Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen Jan 2016

Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen

Articles & Chapters

No abstract provided.


Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen Jan 2016

Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen

Articles & Chapters

No abstract provided.


The High Power Of The Lower Courts, Doni Gewirtzman Jan 2016

The High Power Of The Lower Courts, Doni Gewirtzman

Other Publications

No abstract provided.


Reflections On The Fiftieth Anniversary Of The March And The Speech: History, Memory, Values, Edward A. Purcell, Jr. Jan 2015

Reflections On The Fiftieth Anniversary Of The March And The Speech: History, Memory, Values, Edward A. Purcell, Jr.

Articles & Chapters

This article considers the significance of the Civil Rights Movement of the 1950s and 1960s, focusing on one of its signature events, the March on Washington in 1963 and the “I Have a Dream” speech that Martin Luther King gave on the occasion. Blending historical analysis with personal memory, it considers the long struggle for civil rights, the impact of both the March and the Speech, and the meaning they held for those who shared their ideals and sought to fulfill their goals. The article then traces the decline of the Civil Rights Movement in the altered political and social …


Marriage Equality Setback In Puerto Rico, Arthur S. Leonard Jan 2014

Marriage Equality Setback In Puerto Rico, Arthur S. Leonard

Other Publications

No abstract provided.


Prop 8, Doma Defenders Rely On Federalism, Arthur S. Leonard Jan 2013

Prop 8, Doma Defenders Rely On Federalism, Arthur S. Leonard

Other Publications

No abstract provided.


Will Supreme Court Rule On Doma?, Arthur S. Leonard Jan 2013

Will Supreme Court Rule On Doma?, Arthur S. Leonard

Other Publications

No abstract provided.


Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon Jan 2013

Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon

Articles & Chapters

No abstract provided.


Supreme Court Nixes Requirement For Anti-Prostitution Pledge, Arthur S. Leonard Jan 2013

Supreme Court Nixes Requirement For Anti-Prostitution Pledge, Arthur S. Leonard

Other Publications

No abstract provided.


Supreme Court Strikes Down Doma’S Key Provision, Ducks On Prop 8, Arthur S. Leonard Jan 2013

Supreme Court Strikes Down Doma’S Key Provision, Ducks On Prop 8, Arthur S. Leonard

Other Publications

No abstract provided.


Aclu Seeks Supreme Court Review In Windsor Doma Suit, Arthur S. Leonard Jan 2012

Aclu Seeks Supreme Court Review In Windsor Doma Suit, Arthur S. Leonard

Other Publications

No abstract provided.


The Cause Lawyer’S Cause, Frank W. Munger Jan 2012

The Cause Lawyer’S Cause, Frank W. Munger

Articles & Chapters

The promise of human rights in South Africa may depend significantly on the course chosen by a professional and relatively independent South African judiciary. But what about the promise of human rights in other developing states which lack a judiciary with similar potential? Cause lawyers, increasingly visible in many of these new states, are presumed carriers of liberal legalism and democracy and celebrated for their courageous defence of human rights even in the absence of an independent court system. This comment argues that celebration of cause lawyers may reflect presumptions about their causes that are questionable even in the Global …


Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen Jan 2008

Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen

Articles & Chapters

No abstract provided.


A Poster Child For Us (Symposium: The Effects Of Capital Punishment On The Administration Of Justice), Robert Blecker Jan 2006

A Poster Child For Us (Symposium: The Effects Of Capital Punishment On The Administration Of Justice), Robert Blecker

Articles & Chapters

No abstract provided.


The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr. Jan 2002

The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.


Ii Prodotto Di Marca E Ii Suo Mercato Derivato, Rudolph J.R. Peritz Jan 1999

Ii Prodotto Di Marca E Ii Suo Mercato Derivato, Rudolph J.R. Peritz

Articles & Chapters

The essay describes the most meaningful recent decisions of the Supreme Court of the United States and of lower courts on single brand aftermarkets for replacement parts and services, putting into historical context the market economics that inspires current antitrust jurisprudence. Particularly, it shows that the .post-classical approach has never entirely superceded neo-classical doctrines. Rather, several shifting tides of theory have swept, and still sweep, over the domain of antitrust doctrine influencing the debate unevenly.


Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen Jan 1998

Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen

Articles & Chapters

No abstract provided.


The New Activist Court, Donald H. Zeigler Jan 1996

The New Activist Court, Donald H. Zeigler

Articles & Chapters

No abstract provided.


Introduction: Dialogue On The Solomon Lecture: Politics And The Rehnquist Court, Nadine Strossen Jan 1996

Introduction: Dialogue On The Solomon Lecture: Politics And The Rehnquist Court, Nadine Strossen

Articles & Chapters

No abstract provided.


Politics And The Rehnquist Court, James F. Simon Jan 1996

Politics And The Rehnquist Court, James F. Simon

Articles & Chapters

No abstract provided.


Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait Jan 1996

Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler Jan 1995

Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler

Articles & Chapters

No abstract provided.


Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr. Jan 1994

Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr.

Other Publications

No abstract provided.