Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 9 of 9
Full-Text Articles in Law
Aggressive Judicial Review, Political Ideology, And The Rule Of Law, Eric J. Segall
Aggressive Judicial Review, Political Ideology, And The Rule Of Law, Eric J. Segall
Faculty Publications By Year
For over one-hundred and fifty years, the United States Supreme Court has been the most powerful judicial body int he worth with life-tenured judges consistently invalidating state and federal laws without clear support in constitutional text or history. This paper focuses on what should be the appropriate role of life-tenured, unelected federal judges in the American system of separation of powers. The tension is between wanting judges to enforce the supreme law of the Constitution while at the same time keeping judges within their assigned roles of enforcing not making the law. Much of constitutional scholarship in the United States …
The Origins And Development Of Judicial Tenure 'During Good Behavior' To 1485, Ryan Rowberry
The Origins And Development Of Judicial Tenure 'During Good Behavior' To 1485, Ryan Rowberry
Faculty Publications By Year
No abstract provided.
Personal Is Political For Roberts Court, Eric J. Segall
Personal Is Political For Roberts Court, Eric J. Segall
Faculty Publications By Year
No abstract provided.
Joint Works Under United States Copyright Law: Judicial Legislation Through Statutory Misinterpretation, Michael B. Landau
Joint Works Under United States Copyright Law: Judicial Legislation Through Statutory Misinterpretation, Michael B. Landau
Faculty Publications By Year
No abstract provided.
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
Faculty Publications By Year
No abstract provided.
What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), Eric J. Segall
What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), Eric J. Segall
Faculty Publications By Year
During her confirmation hearings, Justice Kagan backed away from numerous critical comments she had previously made about the nomination process. No one knows why she changed her mind but it is likely that the shift resulted more from a political calculation than a change of heart about the nature of the process. This Commentary suggests that Justice Kagan could have testified consistently with her previously expressed views and still have been confirmed.
What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed): A Reply, Eric J. Segall
What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed): A Reply, Eric J. Segall
Faculty Publications By Year
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
Faculty Publications By Year
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 …
Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore
Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore
Faculty Publications By Year
No abstract provided.