Law Commons^™

Abortion Rights In The Supreme Court: A Tale Of Three Wedges, Jennifer S. Hendricks

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No abstract provided.

The Failure Of The Criminal Procedure Revolution, William T. Pizzi

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No abstract provided.

Reproductive Health Care Exceptionalism And The Pandemic, Helen Norton

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Conservatives And The Court, Robert F. Nagel

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Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton

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Government Speech In Transition, Helen Norton

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This symposium essay explores the legacy of the Supreme Court’s decision in Johanns v. Livestock Mktg. Ass’n. There the Court offered its clearest articulation to date of its emerging government speech doctrine. After characterizing contested expression as the government’s, the Court then held such government speech to be exempt from free speech clause scrutiny. In so doing, the Court solved at least one substantial problem, but created others that remain unresolved today. On one hand, Johanns marked the Court’s long overdue recognition of the ubiquity and importance of government speech, appropriately exempting the government’s own expressive choices from free …

The Overhyped Path From Tinker To Morse: How The Student Speech Cases Show The Limits Of Supreme Court Decisions--For The Law And For The Litigants, Scott A. Moss

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Each of the Supreme Court's high school student speech cases reflected the social angst of its era. In 1965's Tinker v. Des Moines Independent Community School District, three Iowa teens broke school rules to wear armbands protesting the Vietnam War. In 1983, amidst parental and political upset about youth exposure to sexuality in the media, Bethel School District No. 403 v. Fraser and Hazelwood School District v. Kuhlmeier allowed the censorship of an innuendo-filled student government speech and a school newspaper article on teen pregnancy and parental divorce. In 2007, Morse v. Frederick paralleled the rise of reality television …

Book Review, Derek Kiernan-Johnson

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The Courts Under President Obama, Scott A. Moss

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Cooper's Quiet Demise (A Short Response To Professor Strauss), Frederic M. Bloom

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Sending The Self-Execution Doctrine To The Executioner, Aya Gruber

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Cross-Examination Earlier Or Later: When Is It Enough To Satisfy Crawford?, Christopher B. Mueller

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Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun

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Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman

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Diversity And The Practice Of Interest Assessment, Robert F. Nagel

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The Right To Receive Information, Susan Nevelow Mart

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Ms. Mart examines the legal evolution of the right to receive information, particularly focusing on its application to libraries, beginning with the Supreme Court holding in Board of Education v. Pico, and followed by cases that have considered the meaning of Pico in a variety of library-related contexts.

Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel

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No abstract provided.

Marbury V. Madison And Modern Judicial Review, Robert F. Nagel

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This Article compares the realist critique of Marbury with several revisionist defenses of that decision. Realists claim to see Marbury as essentially political and thus as the fountainhead of modern judicial review. Revisionists claim to see the decision as legalistically justified and thus inconsistent with current practices. Close examination, however, indicates that, despite sharp rhetorical differences, these two accounts are largely complementary rather than inconsistent. Each envisions Marbury as embodying elements of both political realism and legal formalism. Once the false argument about whether Marbury was either political or legal is put aside, it is possible to trace the influence …

Justice White And Judicial Review, Philip J. Weiser

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What Bush V. Gore Means For Elections In The 21st Century, Helen Norton

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Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches

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Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel

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Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel

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Introduction: Symposium On Constitutional Elitism, Robert F. Nagel

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Introduction, Paul F. Campos

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Playing Defense, Robert F. Nagel

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Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …

The Future Of Federalism, Robert F. Nagel

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No abstract provided.

Hiding The Ball, Pierre Schlag

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The Term Limits Dissent: What Nerve, Robert F. Nagel

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No abstract provided.

Affirmative Action As A Women's Issue, Helen Norton

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No abstract provided.