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Full-Text Articles in Law
Opportunistic Originalism And The Establishment Clause, Caroline Mala Corbin
Opportunistic Originalism And The Establishment Clause, Caroline Mala Corbin
Articles
This Article argues that the Supreme Court's use of originalism is opportunistic because sometimes the Court relies on it, and sometimes it does not. This inconsistency is evident in two recent decisions with significant Establishment Clause consequences: Town of Greece v. Galloway (2014) and Trinity Lutheran Church v. Comer (2017). In Town of Greece, the Supreme Court applied an originalist analysis to uphold the government's policy of sponsoring predominantly Christian prayers before town meetings. In Trinity Lutheran Church, the Supreme Court failed to conduct an originalist analysis of direct government funding to churches before ordering a state to award a …
Christian Legislative Prayers And Christian Nationalism, Caroline Mala Corbin
Christian Legislative Prayers And Christian Nationalism, Caroline Mala Corbin
Articles
No abstract provided.
The Uncertain Path Of Class Action Law, Sergio J. Campos
The Uncertain Path Of Class Action Law, Sergio J. Campos
Articles
For the past ten terms the Supreme Court has increased its focus on the law of class actions. In doing so, the Court has revised the law to better accord with a view of the class action as an exception to an idealized picture of litigation. This "exceptional" view of the class action has had a profound impact not only on class action law, but on procedural and substantive law in general. However, in the October 2015 term the Court decided three class action cases that support an alternative, 'functional" view of the class action, one that does not view …