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Articles 1 - 4 of 4
Full-Text Articles in Law
Standing On The Edge: Standing Doctrine And The Injury Requirement At The Borders Of Establishment Clause Jurisprudence, Mary A. Myers
Standing On The Edge: Standing Doctrine And The Injury Requirement At The Borders Of Establishment Clause Jurisprudence, Mary A. Myers
Vanderbilt Law Review
The very first line of the Bill of Rights provides that "Congress shall make no law respecting an establishment of religion." This line, the Establishment Clause of the First Amendment, was motivated by the history of religious persecution that drove thousands of adherents of minority faiths in Europe to the New World to seek refuge to practice their own faith, free from the compulsion of state-established religion. The Establishment Clause remains relevant today, and the U.S. Supreme Court has been active in hearing cases involving it. For purposes of determining standing-that is, whether an individual or organization meets certain constitutional …
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, J.B. Ruhl, David L. Markell
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, J.B. Ruhl, David L. Markell
Vanderbilt Law School Faculty Publications
While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces of the vast litigation landscape. Without a complete picture of what has and has not been within the sweep of climate change litigation, it is difficult to offer a robust evaluation of the past, present, and future of climate change jurisprudence. Based on a comprehensive empirical study of the status of all (201) climate change litigation matters filed through 2010, this Article is …
Patents 101: Patentable Subject Matter And Separation Of Powers, Max S. Oppenheimer
Patents 101: Patentable Subject Matter And Separation Of Powers, Max S. Oppenheimer
Vanderbilt Journal of Entertainment & Technology Law
The definition of statutory subject matter lies at the heart of the patent system. It is the reflection of Congress's policy decision as to what types of inventions one may patent. While the congressional definition of statutory subject matter (in what is now 35 U.S.C. § 101) has remained fundamentally constant since 1790, the Supreme Court has reinterpreted and redefined statutory subject matter several times, leaving lower courts with the frustrating task of trying to develop a coherent jurisprudence against a changing landscape. This inconstancy has introduced uncertainty for inventors who are trying to make the fundamental decision of whether …
Twombly And Iqbal Reconsidered, Brian T. Fitzpatrick
Twombly And Iqbal Reconsidered, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court reinterpreted the Federal Rules of Civil Procedure to permit judges to dismiss claims at the very outset of a case whenever they think the claims are implausible. The decisions have been extremely controversial, and they are already on track to become the most cited Supreme Court decisions of all time. Critics contend that the decisions are prime examples of the “conservative judicial activism” widely attributed to the Roberts Court. In particular, critics contend that the decisions circumvented the usual process for promulgating amendments to the Federal Rules …