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Full-Text Articles in Law

Right-To-Die, Bruce Morton Dec 2015

Right-To-Die, Bruce Morton

Bruce N. Morton

No abstract provided.


Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David Sklansky Dec 2015

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 Dec 2015

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 Dec 2015

Not All Black And White, Alan E. Garfield

Alan E Garfield

No abstract provided.


The Impact Of “Standing” Is Anything But Boring, Alan E. Garfield Nov 2015

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 Oct 2015

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 Oct 2015

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 Sep 2015

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 Sep 2015

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 Aug 2015

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 Aug 2015

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 Aug 2015

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 Jul 2015

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 Jul 2015

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 Jul 2015

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 Jun 2015

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 Jun 2015

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 Jun 2015

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 May 2015

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 May 2015

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 May 2015

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 May 2015

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 May 2015

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 May 2015

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 May 2015

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 May 2015

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 Apr 2015

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 Mar 2015

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 Mar 2015

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 Mar 2015

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 …