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Articles 1 - 21 of 21
Full-Text Articles in Law
Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures', Colin Starger
All Faculty Scholarship
No abstract provided.
Some Animals Are More Equal Than Others: The Rehnquist Court And "Majority Religion", Garrett Epps
Some Animals Are More Equal Than Others: The Rehnquist Court And "Majority Religion", Garrett Epps
All Faculty Scholarship
The Rehnquist court began a revolution in the law of church and state that the Roberts Court may continue. This article analyzes Justice Scalia's rhetoric in dissents in Lee v. Weisman and McCreary County v. American Civil Liberties Union to suggest that the aim of the revolution, having been first enunciated as "equality" for religions values and expression, has now shifted to transformation of the Establishment Clause dialogue to permit a favored place in public life for "majority religion."
'"You Have Been In Afghanistan": A Discourse On The Van Alstyne Method, Garrett Epps
'"You Have Been In Afghanistan": A Discourse On The Van Alstyne Method, Garrett Epps
All Faculty Scholarship
This essay pays tribute to William Van Alstyne, one of our foremost constitutional scholars, by applying the methods of textual interpretation he laid out in a classic essay, "Interpreting This Constitution: On the Unhelpful Contribution of Special Theories of Judicial Review." I make use of the graphical methods Van Alstyne has applied to the general study of the First Amendment to examine the Supreme Court's recent decisions in the context of the Free Exercise Clause, in particular the landmark case of "Employment Division v. Smith". The application of Van Alstyne's use of the burden of proof as an interpretive tool …
The Other Sullivan Case, Garrett Epps, Garrett Epps
The Other Sullivan Case, Garrett Epps, Garrett Epps
All Faculty Scholarship
The standard triumphalist narrative of NEW YORK TIMES V. SULLIVAN celebrates the Supreme Court's defense of free speech and press in the case's vindication of powerful journalistic institution. Ignored in this story is the story of the local defendants, civil rights leaders in Alabama who had their solvency threatened by the state courts' vindictive action against them. These defendants challenged the segregated proceedings used in court to affix liability to them—but the Supreme Court ignored their arguments and ignored the racial-equality and individual-rights aspects of the case. From their point of view, SULLIVAN might be so unalloyed a triumph.
After "Hiding The Ball" Is Over: How The Nlrb Must Change Its Approach To Decision-Making, Michael Hayes
After "Hiding The Ball" Is Over: How The Nlrb Must Change Its Approach To Decision-Making, Michael Hayes
All Faculty Scholarship
Is the National Labor Relations Board (the NLRB or the Board), the agency that oversees federal labor law, still relevant? When this question is considered, as it frequently is by scholars, lawyers and officials of the NLRB itself, the focus typically is on whether changes in the workplace, the economy and society are diminishing the relevance of the Board. But there is a new and more immediate threat to the relevance of the Board that so far has been mostly ignored - that the Board is in danger of being rendered a superfluous legal institution in the scheme of American …
Assessing The New Judicial Minimalism, Christopher J. Peters
Assessing The New Judicial Minimalism, Christopher J. Peters
All Faculty Scholarship
In this article, which has been published in slightly revised form at 100 Colum. L. Rev. 1454 (2000), I critique some recently prominent arguments for "judicial minimalism" in constitutional decisionmaking. Current minimalist arguments, I contend, are primarily "policentric," that is, focused on the role the judiciary can play in bolstering the accountability and deliberativeness of the political branches. Drawing in part on a previous article, I offer an alternative approach to minimalism that is "juricentric" - focused on the inherent democratic legitimacy of the adjudicative process and the unique competence of that process to produce decisions about individual rights. I …
Recent Developments: Sedima, S.P.R.L. V. Lmrex Company, Inc.: The Supreme Court Gives Its Approval To The Use Of The Civil Rico Provisions, Marc Minkove
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: The Press V. The Prosecution, Charles F. Chester
Supreme Court Decisions: The Press V. The Prosecution, Charles F. Chester
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: In Criminal Jury Trials: Six Jurors Is The Minimum, J. Michael Dougherty Jr.
Supreme Court Decisions: In Criminal Jury Trials: Six Jurors Is The Minimum, J. Michael Dougherty Jr.
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: Right Not To Speak, Ronald Frank Greenbaum
Supreme Court Decisions: Right Not To Speak, Ronald Frank Greenbaum
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: If The Shoe Fits..., Donald J. Katz
Supreme Court Decisions: If The Shoe Fits..., Donald J. Katz
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: It's Alright Ma (Bell), Andrew S. Katz
Supreme Court Decisions: It's Alright Ma (Bell), Andrew S. Katz
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: Lawyer Advertising Given Go-Ahead, Glenn A. Jacobson
Supreme Court Decisions: Lawyer Advertising Given Go-Ahead, Glenn A. Jacobson
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: Medicaid Funds Aborted, Janis A. Riker
Supreme Court Decisions: Medicaid Funds Aborted, Janis A. Riker
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: Nixon Loses Bid To Control "The Tapes", Charles F. Chester
Supreme Court Decisions: Nixon Loses Bid To Control "The Tapes", Charles F. Chester
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: Hugo Zacchini: Flying In The Face Of Press Privilege, Andrew S. Katz
Supreme Court Decisions: Hugo Zacchini: Flying In The Face Of Press Privilege, Andrew S. Katz
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: Bates: A Local Response, Carol A. Robertson
Supreme Court Decisions: Bates: A Local Response, Carol A. Robertson
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: Administrative Law And Striking Teachers: The Hortonville Case, Michael Fedock
Supreme Court Decisions: Administrative Law And Striking Teachers: The Hortonville Case, Michael Fedock
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: Search And Seizure Protections Weakened, Peter H. Meyers
Supreme Court Decisions: Search And Seizure Protections Weakened, Peter H. Meyers
University of Baltimore Law Forum
No abstract provided.
Supreme Court Decisions: Federal Collateral Attack Of State Convictions Sharply Curtailed, Charles J. Iseman
Supreme Court Decisions: Federal Collateral Attack Of State Convictions Sharply Curtailed, Charles J. Iseman
University of Baltimore Law Forum
No abstract provided.
Supreme Court - Super Censor?, Francis B. Burch Jr.
Supreme Court - Super Censor?, Francis B. Burch Jr.
University of Baltimore Law Review
No abstract provided.