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- Alan E Garfield (8)
- STEVEN R SMITH (6)
- Michael C. Dorf (3)
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- Louis J. Sirico Jr. (2)
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- Andy Grewal (1)
- Bruce N. Morton (1)
- Charles W. Collier (1)
- Daniel M Katz (1)
- David A Sklansky (1)
- David K. Millon (1)
- J. Jonas Anderson (1)
- James M. Cooper (1)
- Joel M Pratt (1)
- John C Yoo (1)
- Lyman P. Q. Johnson (1)
- Mark G Yudof (1)
- Martin A. Schwartz (1)
- Maxwell L. Stearns (1)
- Michael P. Seng (1)
- Natalie Banta (1)
- Peter Lee (1)
- Richard Daniel Klein (1)
- Robert Kagan (1)
- Robert L. Tsai (1)
- Rod Smolla (1)
- Sahar F. Aziz (1)
- Thomas A. Schweitzer (1)
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Articles 1 - 30 of 44
Full-Text Articles in Law
Right-To-Die, Bruce Morton
Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David Sklansky
Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David Sklansky
David A Sklansky
No abstract provided.
Do The Haves Come Out Ahead - Winning And Losing In State Supreme Courts, 1870-1970, Stanton Wheeler, Bliss Cartwright, Robert Kagan, Lawrence Friedman
Do The Haves Come Out Ahead - Winning And Losing In State Supreme Courts, 1870-1970, Stanton Wheeler, Bliss Cartwright, Robert Kagan, Lawrence Friedman
Robert Kagan
No abstract provided.
Not All Black And White, Alan E. Garfield
The Impact Of “Standing” Is Anything But Boring, Alan E. Garfield
The Impact Of “Standing” Is Anything But Boring, Alan E. Garfield
Alan E Garfield
No abstract provided.
Supreme Court 2003-2004 Term: The § 1983 Decisions, Martin A. Schwartz
Supreme Court 2003-2004 Term: The § 1983 Decisions, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
Is It Time To Stop Tinkering With The Machinery Of Death?, Alan E. Garfield
Is It Time To Stop Tinkering With The Machinery Of Death?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Death By A Thousand Cuts Or Hard Bargaining?: How The Supreme Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta
Natalie Banta
No abstract provided.
Institutional Rules, Strategic Behavior And The Legacy Of Chief Justice William Rehnquist: Setting The Record Straight On Dickerson V. United States, Daniel Katz
Daniel M Katz
Why did Justice Rehnquist behave the way he did in Dickerson v. United States? As written, many prevailing accounts accept Justice Rehnquist's opinion in Dickerson v. United States at face value and disavow the potential of a strategic explanation. The difficulty with the non-strategic accounts is their failure to outline explicitly the evidence supporting the uniqueness of their theory. Specifically, these explanations largely ignore the alternative set of preferences which could have produced the Chief's decision. This is troubling because prior scholarship demonstrates that a chief justice possesses a unique set of institutional powers which provides significant incentive for him …
The Improper Use Of Presumptions In Recent Criminal Law Adjudication, Charles W. Collier
The Improper Use Of Presumptions In Recent Criminal Law Adjudication, Charles W. Collier
Charles W. Collier
This note argues that, in developing the contemporary mandatory-permissive standard, the Supreme Court has misunderstood the effects of presumptions on juries. Presumptions that are ‘permissive’ in theory may nevertheless be ‘mandatory’ in fact, thereby leading some juries to convict regardless of their beliefs and inclinations. Thus, these legal presumptions may undermine the moral sense and political function of the jury. Part I of this note shows, through doctrinal analysis, that the mandatory-permissive distinction is an anomaly in the Court's jurisprudence. Part II shows that this distinction is at variance with a substantial body of empirical social science research. This part …
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
Sahar F. Aziz
No abstract provided.
The Supreme Assimilation Of Patent Law, Peter Lee
The Supreme Assimilation Of Patent Law, Peter Lee
Peter Lee
Although tensions between universality and exceptionalism apply throughout law, they are particularly pronounced in patent law, a field that deals with highly technical subject matter. This Article explores these tensions by investigating an underappreciated descriptive theory of Supreme Court patent jurisprudence. Significantly extending previous scholarship, it argues that the Court’s recent decisions reflect a project of eliminating “patent exceptionalism” and assimilating patent doctrine to general legal principles (or, more precisely, to what the Court frames as general legal principles). Among other motivations, this trend responds to rather exceptional patent doctrine emanating from the Federal Circuit in areas as varied as …
Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla
Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla
Rod Smolla
None available.
George Will’S Supreme Court History Is Dubious, Alan E. Garfield
George Will’S Supreme Court History Is Dubious, Alan E. Garfield
Alan E Garfield
No abstract provided.
Will ‘Rule Of Five’ End Marriage Debate?, Alan E. Garfield
Will ‘Rule Of Five’ End Marriage Debate?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof
Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof
Mark G Yudof
No abstract provided.
Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein
Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein
Richard Daniel Klein
No abstract provided.
Brief Of The John Marshall Law School Veterans Legal Support Center & Clinic, The Veterans Legal Assistance Clinic At Thomas Jefferson School Of Law, The Lewis B. Puller, Jr. Veterans Benefits Clinic At The College Of William & Mary, Michael J. Wishnie As Amici Curiae In Support Of Petitioner, Witt V. United States Of America, 131 S.Ct. 3058 (Supreme Court Of The United States 2011) (No. 10-885), Michael P. Seng
Michael P. Seng
No abstract provided.
Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer
Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer
Thomas A. Schweitzer
No abstract provided.
The Supreme Court 2007-2008: Competency, Gun Control, And Capital Punishment, Steven Smith
The Supreme Court 2007-2008: Competency, Gun Control, And Capital Punishment, Steven Smith
STEVEN R SMITH
No abstract provided.
The Supreme Court 2013-2014: The Happiest Term?, Steven Smith
The Supreme Court 2013-2014: The Happiest Term?, Steven Smith
STEVEN R SMITH
No abstract provided.
From Expert Witnesses To ‘Fleeting Expletives’: The Supreme Court 2008-2009, Steven Smith
From Expert Witnesses To ‘Fleeting Expletives’: The Supreme Court 2008-2009, Steven Smith
STEVEN R SMITH
The October 2008 Term of the United States Supreme Court began on October 6,2008. By the time the Term adjourned on June 29, 2009, the Court had changed or clarified the law in several important areas. (As we shall see, technically there was another argument in September 2009 as part of this Term.) The Court also seemed to foreshadow larger changes ahead, and saw Justice David Souter announce at the end of April that he would be stepping down from the Court. This article will review the major decisions of the Court during the Term. It will also analyze the …
Legal Perspectives: The New Supreme Court, Steven Smith
Legal Perspectives: The New Supreme Court, Steven Smith
STEVEN R SMITH
No abstract provided.
A Term To Remember: The Supreme Court And The Future Of Healthcare Reform, Steven Smith
A Term To Remember: The Supreme Court And The Future Of Healthcare Reform, Steven Smith
STEVEN R SMITH
No abstract provided.
Life, Death, Or Miranda: The Supreme Court Term 2009-2010, Steven Smith
Life, Death, Or Miranda: The Supreme Court Term 2009-2010, Steven Smith
STEVEN R SMITH
No abstract provided.
Marshall's Plan: The Early Supreme Court And Statutory Interpretation, John Choon Yoo
Marshall's Plan: The Early Supreme Court And Statutory Interpretation, John Choon Yoo
John C Yoo
No abstract provided.
When Should The Supreme Court Justices ‘Decide’ A Right?, Alan E. Garfield
When Should The Supreme Court Justices ‘Decide’ A Right?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii
Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii
Bertrall L Ross
No abstract provided.
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii
Bertrall L Ross
Challenges under the Equal Protection Clause require proof of intentional discrimination. Though rarely questioned by legal scholars or the courts, that conventional account cannot explain the success of equal protection challenges to electoral structures that dilute the vote of racial minorities. In the Supreme Court’s most recent decisions on vote dilution, the Court has invalidated local electoral structures under the Equal Protection Clause to the extent that they deprive African Americans of the opportunity for effective representation in the political process. The Court has reached its decisions despite the absence of any proof of intentional discrimination in the adoption of …
It's Time For The Supreme Court To Review The Economic Substance Doctrine, Andy Grewal
It's Time For The Supreme Court To Review The Economic Substance Doctrine, Andy Grewal
Andy Grewal
In United States v. Woods, this writer submitted an amicus brief arguing that the Supreme Court should reserve its judgment about the economic substance doctrine, which the district court had applied below. The Supreme Court agreed with that argument, expressly leaving its opinion about the proper application of the economic substance doctrine to a future case.That future case has arrived. This amicus brief, supporting the taxpayer’s petition in WFC Holdings v. United States, explains why this case presents the perfect opportunity for the Court to explain what weight, if any, legislative enactments enjoy in deciding economic substance cases. Although this …