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Articles 1 - 30 of 36
Full-Text Articles in Law
The Future Of “History And Tradition”: The First Amendment Implications Of Bruen, The Floersheimer Center For Constitutional Democracy
The Future Of “History And Tradition”: The First Amendment Implications Of Bruen, The Floersheimer Center For Constitutional Democracy
Event Invitations 2024
Did SCOTUS turn all lower court judges into armchair historians? Could landmark free speech precedents like New York Times Co. v. Sullivan be at risk? How will the Court address modern questions like social media content moderation?
The Future Of “History And Tradition”: The First Amendment Implication Of Bruen, The Floersheimer Center For Constitutional Democracy
The Future Of “History And Tradition”: The First Amendment Implication Of Bruen, The Floersheimer Center For Constitutional Democracy
Flyers 2023-2024
No abstract provided.
Cardozo Law Review Invites You To: Cardozo Law Review Symposium 2024 Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, Benjamin N. Cardozo School Of Law, The Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Jacob Burns Center For Ethics In The Practice Of Law
Cardozo Law Review Invites You To: Cardozo Law Review Symposium 2024 Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, Benjamin N. Cardozo School Of Law, The Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Jacob Burns Center For Ethics In The Practice Of Law
Event Invitations 2024
The recent conduct of Supreme Court justices and lawyers acting on behalf of former president Trump has led many to think that something has gone profoundly wrong at the most elite levels of the American legal profession.
Cardozo Law Review Symposium 2024 Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Jacob Burns Center For Ethics In The Practice Of Law
Cardozo Law Review Symposium 2024 Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Jacob Burns Center For Ethics In The Practice Of Law
Flyers 2023-2024
No abstract provided.
The 2024 Cardozo Colloquium On Global And Constitutional Theory, Benjamin N. Cardozo School Of Law
The 2024 Cardozo Colloquium On Global And Constitutional Theory, Benjamin N. Cardozo School Of Law
Event Invitations 2024
The US Supreme Court is currently experiencing a significant decrease in public approval, as are several courts in many other parts of the world, such as the Israel Supreme Court and top courts in various Eastern European countries. At the same time, in certain other parts of the world, such as Western Europe, constitutional courts persist as well integrated and are widely perceived as trustworthy guarantors of workable checks and balances. The Colloquium will explore what accounts for these differences and whether the various crises concerning judicial review arise from similar or different types of circumstances. To what extent are …
The 2024 Cardozo Colloquium On Global And Constitutional Theory Presents: Linda Greenhouse On The Roberts Court, Benjamin N. Cardozo School Of Law, Michel Rosenfeld
The 2024 Cardozo Colloquium On Global And Constitutional Theory Presents: Linda Greenhouse On The Roberts Court, Benjamin N. Cardozo School Of Law, Michel Rosenfeld
Event Invitations 2024
Join Linda Greenhouse, Senior Research Scholar in Law at Yale Law School, to discuss the exceptional trajectory of the Roberts Court. Greenhouse is also a Pulitzer Prize-winning reporter who has covered the United States Supreme Court for nearly three decades for The New York Times.
Livestream Of Supreme Court Oral Argument: Trump V. Anderson, Floersheimer Center For Constitutional Democracy
Livestream Of Supreme Court Oral Argument: Trump V. Anderson, Floersheimer Center For Constitutional Democracy
Flyers 2023-2024
No abstract provided.
A Conversation On The Supreme Court With Adam Liptak, Jacob Burns Center For Ethics In The Practice Of Law
A Conversation On The Supreme Court With Adam Liptak, Jacob Burns Center For Ethics In The Practice Of Law
Event Invitations 2023
Join the Burns Center for a conversation on the Supreme Court with Adam Liptak, who is considered one of the most highly regarded legal affairs journalists in the country. He will be joined by two distinguished Cardozo law professors, Jessica Roth and Alexander Reinert. They will discuss current ethical issues surrounding the court, challenges to the court's legitimacy and upcoming and recently decided cases on issues such as abortion rights, gun regulations, same sex marriage and more.
A Conversation On The Supreme Court With Adam Liptak, Jacob Burns Center For Ethics In The Practice Of Law
A Conversation On The Supreme Court With Adam Liptak, Jacob Burns Center For Ethics In The Practice Of Law
Flyers 2023-2024
No abstract provided.
The Future Of Voting: State Courts, Independent Legislatures & The Supreme Court, Floersheimer Center For Constitutional Democracy, Wisconsin Law School State Democracy Research Initiative
The Future Of Voting: State Courts, Independent Legislatures & The Supreme Court, Floersheimer Center For Constitutional Democracy, Wisconsin Law School State Democracy Research Initiative
Flyers 2022-2023
Click here to view the event invitation.
The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy
The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy
Event Invitations 2023
The Floersheimer Center for Constitutional Democracy is proud to present The Supreme Court and New Frontiers in Religious Liberty. Join us for a conversation with First Amendment experts to discuss the future of First Amendment Free Exercise and Establishment Clause jurisprudence.
Professor Michael Pollack will lead a discussion on the Court’s jurisprudence and its impact on civil liberties, religious liberty, and separation of church and state.
Panelists:
- Nelson Tebbe, Cornell Law School
- Mark L. Movsesian, St. John's University School of Law
- Elizabeth Reiner Platt, Columbia Law School
- Giselle Klapper, Sikh Coalition
Click here to view the flyer.
The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy
The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy
Flyers 2022-2023
Click here to view the event invitation.
The Supreme Court In Crisis, David Rudenstine, David M. Hunt Library
The Supreme Court In Crisis, David Rudenstine, David M. Hunt Library
Event Invitations 2023
The speakers will discuss recent decisions affecting abortion and gun rights, the public’s trust and confidence in the high court and cases the Court will decide before the summer involving LGBTQ rights, affirmative action, election law and immigration policy.
Speakers:
- Tom Gerety, former President of Amherst and Trinity Colleges, former Executive Director of the Brennan Center for Justice
- Adam Liptak, New York Times Supreme Court Correspondent
- David Rudenstine, Sheldon H. Solow Professor of Law at Cardozo and former Dean
Oral Argument In Moore V. Harper And The Perils Of Finding “Compromise” On The Independent State Legislature Theory, Katherine A. Shaw
Oral Argument In Moore V. Harper And The Perils Of Finding “Compromise” On The Independent State Legislature Theory, Katherine A. Shaw
Online Publications
The Supreme Court’s cert grant last June in Moore v. Harper was an ominous note on which to end an explosive term. The grant seemed to broadcast an openness to embracing what’s known as the “independent state legislature theory,” or ISLT. It is a once-fringe idea that the U.S. Constitution, and in particular Article I’s “elections clause,” grants to state legislatures alone, and withholds from other state entities (think: courts and constitutions), the power to regulate elections for federal office.
Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice
Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice
Event Invitations 2022
Please join the Cardozo Journal of Equal Rights and Social Justice for a panel discussion with seven immigration attorneys. The discussion will cover recent SCOTUS decisions impacting immigration, the impacts of these decisions and important cases on the docket for this upcoming session.
Moderator: Mauricio Noroña, Visiting Clinical Assistant Professor of Law in the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law
Panelists:
- Peter Markowitz, Associate Dean of Equity in Curriculum and Teaching and Professor of Law, Founding Faculty Member and Co-Director of the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law
- Lindsay Nash, Associate Professor of Law, Co-Director of …
Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice
Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice
Flyers 2022-2023
Click here to view the event invitation.
A New Supreme Court Case Threatens Another Body Blow To Our Democracy, Katherine A. Shaw, Leah Litman, Carolyn Shapiro
A New Supreme Court Case Threatens Another Body Blow To Our Democracy, Katherine A. Shaw, Leah Litman, Carolyn Shapiro
Online Publications
When the Supreme Court overruled Roe v. Wade, the justices in the majority insisted they were merely returning the issue of abortion to the democratic process. But a case the court has announced it will hear in its October term could make that democratic process a lot less democratic.
The Link Between Voting Rights And The Abortion Ruling, Katherine A. Shaw, Leah Litman, Melissa Murray
The Link Between Voting Rights And The Abortion Ruling, Katherine A. Shaw, Leah Litman, Melissa Murray
Online Publications
The Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization gives states the maximum amount of freedom to restrict abortion. The decision is so sweeping that, under its logic, states could ban abortion even in cases of rape or incest; they may even be able — as the dissent notes — to prohibit abortions in circumstances in which a doctor believes the procedure is necessary to preserve the life or health of the pregnant person.
We Clerked For Justices Scalia And Stevens. America Is Getting Heller Wrong., Katherine A. Shaw, John Bash
We Clerked For Justices Scalia And Stevens. America Is Getting Heller Wrong., Katherine A. Shaw, John Bash
Online Publications
In the summer of 2008, the Supreme Court decided District of Columbia v. Heller, in which the court held for the first time that the Second Amendment protected an individual right to gun ownership. We were law clerks to Justice Antonin Scalia, who wrote the majority opinion, and Justice John Paul Stevens, who wrote the lead dissent.
“A Force Created”: The U.S. Chamber Of Commerce And The Politics Of Corporate Immunity, Myriam E. Gilles
“A Force Created”: The U.S. Chamber Of Commerce And The Politics Of Corporate Immunity, Myriam E. Gilles
Articles
No abstract provided.
The End Of The Eviction Moratoriums, Public Interest Law Student Association (Pilsa)
The End Of The Eviction Moratoriums, Public Interest Law Student Association (Pilsa)
Flyers 2021-2022
No abstract provided.
Motion For Leave To File And Brief For Amici Curiae Legal Scholars And Academics In Support Of Petitioner, David Rudenstine
Motion For Leave To File And Brief For Amici Curiae Legal Scholars And Academics In Support Of Petitioner, David Rudenstine
Amicus Briefs
Amici Curiae are legal scholars and academics who have dedicated their careers to the study, teaching and practice of United States constitutional law, including the death penalty and methods of execution. Many amici have written scholarly articles on these topics.
Many amici listed below earlier wrote to this Court in 2018 by submitting a brief in Bucklew v. Precythe, 139 S. Ct. 1112 (2019), to apprise the Court of information regarding the availability of alternative methods of execution to be considered in clarifying the applicable Eighth Amendment standard for method-of-execution challenges. Amici agreed with the Court’s clear statement in …
A 6-3 Supreme Court Could Allow The Government To Openly Discriminate In Its Policies, Katherine A. Shaw, Leah Litman
A 6-3 Supreme Court Could Allow The Government To Openly Discriminate In Its Policies, Katherine A. Shaw, Leah Litman
Online Publications
Over the past few days, the Supreme Court has agreed to hear challenges to hot-button Trump administration policies involving the border wall, an attempt to exclude noncitizens from the census breakdown used for allocating seats in Congress and limits on who can apply for asylum from Mexico.
The Myth Of Personal Liability: Who Pays When Bivens Claims Succeed, James E. Pfander, Alexander A. Reinert, Joanna C. Schwartz
The Myth Of Personal Liability: Who Pays When Bivens Claims Succeed, James E. Pfander, Alexander A. Reinert, Joanna C. Schwartz
Articles
In Bivens v. Six Unknown Named Agents, the Supreme Court held that federal law creates a right to sue federal officials for Fourth Amendment violations. For the last three decades, however, the Court has cited the threat of individual liability and the burden of government indemnification on agency budgets as twin bases for narrowing the right of victims to secure redress under Bivens. In its most recent decisions, Ziglar v. Abbasi and Hernandez v. Mesa, the Court said much to confirm that it now views personal liability less as a feature of the Bivens liability rule than …
Symposium: In “Gundy Ii,” Auer Survives By A Vote Of 4.6 To 4.4, Michael Herz
Symposium: In “Gundy Ii,” Auer Survives By A Vote Of 4.6 To 4.4, Michael Herz
Online Publications
Under the “Auer doctrine,” named for the 1997 decision Auer v. Robbins, courts accept an agency’s interpretation of its own ambiguous regulation unless that interpretation is clearly erroneous, or flatly inconsistent with the text of the regulation, or unreasonable, or something like that. Auer is a principle of long standing. Just how long is one of the sources of disagreement in Kisor v. Wilkie, but however you count, it is a doctrine universally understood as well-settled until relatively recently. But a revolt has been brewing.
Why Kavanaugh Should Not Attend The White House Ceremony, Michael Herz
Why Kavanaugh Should Not Attend The White House Ceremony, Michael Herz
Online Publications
Brett Kavanaugh is now Justice Kavanaugh. He has been nominated, confirmed and — in a private ceremony on Saturday conducted by Chief Justice John Roberts and the retired Justice Anthony Kennedy — sworn in. There is nothing left to do. So why is he scheduled to be at the White House on Monday evening for a public ceremony, one that President Trump has inaccurately called a “swearing-in ceremony”?
How Strong Does The Evidence Against Kavanaugh Need To Be?, Katherine A. Shaw
How Strong Does The Evidence Against Kavanaugh Need To Be?, Katherine A. Shaw
Online Publications
The allegation made by Christine Blasey Ford — that at age 15 she was the victim of a sexual assault by a 17-year-old Brett Kavanaugh — has not only upended Judge Kavanaugh’s Supreme Court confirmation hearings, but has also left Americans wondering what standards should apply to an accusation like this.
Why Did Liberals Join The Majority In The Masterpiece Case?, Katherine A. Shaw
Why Did Liberals Join The Majority In The Masterpiece Case?, Katherine A. Shaw
Online Publications
It was no surprise that Justice Anthony Kennedy, who has cast the decisive vote in so many important Supreme Court cases, wrote Monday’s majority opinion in Masterpiece Cakeshop v. Colorado Civil Rights Commission. The court ruled in favor of a Colorado baker named Jack Phillips who, on religious grounds, had refused to make a wedding cake for a gay couple.
Qualified Immunity At Trial, Alexander A. Reinert
Qualified Immunity At Trial, Alexander A. Reinert
Articles
Qualified immunity doctrine is complex and important, and for many years it was assumed to have an outsize impact on civil rights cases by imposing significant barriers to success for plaintiffs. Recent empirical work has cast that assumption into doubt, at least as to the impact qualified immunity has at pretrial stages of litigation. This Essay adds to this empirical work by evaluating the impact of qualified immunity at trial, a subject that to date has not been empirically tested. The results reported here suggest that juries are rarely asked to answer questions that bear on the qualified immunity defense. …
Should The President’S Words Matter In Court?, Katherine A. Shaw
Should The President’S Words Matter In Court?, Katherine A. Shaw
Online Publications
The most striking aspect of last Thursday’s opinion by the United States Court of Appeals for the Fourth Circuit, which rejected the Trump administration’s latest effort to revive its travel ban for individuals from six predominantly Muslim countries, was its reliance on Donald Trump’s own words as candidate, president-elect and president. The court leaned particularly heavily on his now-famous campaign statement that he was “calling for a total and complete shutdown of Muslims entering the United States.”