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Articles 1 - 15 of 15
Full-Text Articles in Law
The Constitution According To Justices Scalia And Thomas: Alive And Kickin', Eric J. Segall
The Constitution According To Justices Scalia And Thomas: Alive And Kickin', Eric J. Segall
Eric J. Segall
No abstract provided.
The Supreme Court And Affirmative Action: Why Now?, Eric J. Segall
The Supreme Court And Affirmative Action: Why Now?, Eric J. Segall
Eric J. Segall
No abstract provided.
Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall
Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall
Eric J. Segall
The academic and political debate over judicial activism has been based on the overriding but patently false assumption that the Supreme Court’s performance can be measured by examining the results that it reaches in constitutional cases. When scholars and politicians equate judicial activism with judicial invalidation of the works of the political branches or the reversal of precedent, however, these commentators don’t reveal anything different than would a pure descriptive account of the Court’s decision and rationale. Moreover, the judicial activism debate is unhelpful because the ambiguous sources of constitutional interpretation cannot privilege fundamental baselines or generate consensus over correct …
Judicial Humility And Affirmative Action, Eric J. Segall
Judicial Humility And Affirmative Action, Eric J. Segall
Eric J. Segall
No abstract provided.
Equality, Eric J. Segall
Gay Rights, Racial Prejudice, And True Equality, Eric J. Segall, Erwin Chemerinsky
Gay Rights, Racial Prejudice, And True Equality, Eric J. Segall, Erwin Chemerinsky
Eric J. Segall
No abstract provided.
Is The Roberts Court Really A Court?, Eric J. Segall
Is The Roberts Court Really A Court?, Eric J. Segall
Eric J. Segall
When facing a question that the law does not clearly answer, courts are generally obligated to resolve legal disputes by examining, interpreting, and applying prior positive law such as text and precedent. This Article argues that three cases decided by the Roberts Court – Gonzales v. Carhart, District of Columbia v. Heller, and Citizens United v. Federal Election Commission – exemplify the Supreme Court’s propensity for disregarding prior positive law when deciding cases. The Author contends that the Roberts Court, quite possibly like all the Supreme Courts before it, is not a “court” at all because it does not take …
Supreme Court Justices: The Case For Hanging It Up, Eric J. Segall
Supreme Court Justices: The Case For Hanging It Up, Eric J. Segall
Eric J. Segall
No abstract provided.
The Hypocrisy Of The Abortion Debate: Why Conservatives Should Vote Pro-Choice And Leave Planned Parenthood Alone, Eric J. Segall
The Hypocrisy Of The Abortion Debate: Why Conservatives Should Vote Pro-Choice And Leave Planned Parenthood Alone, Eric J. Segall
Eric J. Segall
No abstract provided.
Supreme Flaws: Three Ways To Fix The Supreme Court, Eric J. Segall
Supreme Flaws: Three Ways To Fix The Supreme Court, Eric J. Segall
Eric J. Segall
No abstract provided.
Health Care, Immigration, And Voting: The Supreme Court And Judicial Power, Eric J. Segall
Health Care, Immigration, And Voting: The Supreme Court And Judicial Power, Eric J. Segall
Eric J. Segall
No abstract provided.
Why Rick Santorum Is A Menace And A Libertarian's Worst Nightmare, Eric J. Segall
Why Rick Santorum Is A Menace And A Libertarian's Worst Nightmare, Eric J. Segall
Eric J. Segall
No abstract provided.
The 10 Worst Things About Rep. Darrell Issa's Panel And The Contraception Debate, Eric J. Segall
The 10 Worst Things About Rep. Darrell Issa's Panel And The Contraception Debate, Eric J. Segall
Eric J. Segall
No abstract provided.
Why I Still Teach Marbury (And So Should You): A Response To Professor Levinson, Eric J. Segall
Why I Still Teach Marbury (And So Should You): A Response To Professor Levinson, Eric J. Segall
Eric J. Segall
No abstract provided.
Constitutional Change And The Supreme Court: The Article V Problem, Eric J. Segall
Constitutional Change And The Supreme Court: The Article V Problem, Eric J. Segall
Eric J. Segall
This Article concerns the interplay between judicial review and Article V of the Constitution, which sets out the procedures for formally amending the Constitution. 7 According to the text, the Constitution can only be amended if two-thirds of both Houses of Congress and three-fourths of the states agree or two-thirds of the states call for a convention.8 This Article addresses when, if ever, judicial interpretations of the Constitution amount to illegitimate and de facto amendments to the Constitution because they were not implemented through Article V procedures… . The next Part of this Article contends that the Court has improperly …