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Full-Text Articles in Law
A Refreshing Jury Cola: Fulfilling The Duty To Compensate Jurors Adequately, Evan R. Seamone
A Refreshing Jury Cola: Fulfilling The Duty To Compensate Jurors Adequately, Evan R. Seamone
Journal Articles
This Article adopts a new perspective on the obligation of states to compensate jurors on the basis of their financial needs. It combs the nation’s history for answers to a variety of significant questions: Why do states compensate jurors? Have there ever been minimal levels of juror compensation among the states of the union? Have any legal challenges resulted in governments raising jury fees? Have states developed uniform standards for juror compensation in light of varied economic conditions? While, at times, the responses to these questions will be brief, answering them is crucial to understanding how jury fees can be …
Executive Power In Youngstown's Shadows, Patricia L. Bellia
Executive Power In Youngstown's Shadows, Patricia L. Bellia
Journal Articles
Fifty years after it was handed down, the Supreme Court's decision in Youngstown Sheet & Tube Co. v. Sawyer is among the most important of the Court's separation of powers cases. This Article explores two quite different legacies of the Youngstown case. First, Youngstown has a symbolic or rhetorical power, in that it stands as an example of a court invalidating the actions of a coordinate branch of government in a politically delicate context. When a court wields this weapon, it can take some cover in Youngstown's shadows, and the possibility of a court exercising this power disciplines the executive …
The Rehnquist Court And Criminal Procedure, Stephen F. Smith
The Rehnquist Court And Criminal Procedure, Stephen F. Smith
Journal Articles
Much of recent discussions of conservative judicial activism has concerned the revival of federalism-based limits on Congress during the Rehnquist Court. The allure of federalism as a topic for discussion is understandable, yet I argue that constitutional criminal procedure provides a better context within which to test the Rehnquist Court's commitment to judicial restraint. In this Essay, I examine the topic at hand against the background of the many important developments that have taken place in criminal procedure on Rehnquist's watch. The results of this examination are surprising because they suggest that activism is not necessarily the antithesis of restraint. …
Activism As Restraint: Lessons From Criminal Procedure, Stephen F. Smith
Activism As Restraint: Lessons From Criminal Procedure, Stephen F. Smith
Journal Articles
In this Article, I advance a limited defense of judicial activism by the Burger and Rehnquist Courts in constitutional criminal procedure. My basic claim is that even if the so-called "Counterrevolution" in criminal procedure is viewed as activist -- as I think much of it must be -- it nevertheless was normatively defensible as a necessary condition, in a “second-best” world, of reaching an equilibrium closer to the judicial restraint model than would be possible if activism were only a one-way ratchet. Though my thesis supplies a justification for the Burger and Rehnquist Court's basic approach to legal change, it …
Reconciling The Nlra And Irca: Can An Undocumented Worker Receive Back Pay? An Analysis Of Hoffman Plastic Compound, Inc. V. Nlrb, Barbara J. Fick
Reconciling The Nlra And Irca: Can An Undocumented Worker Receive Back Pay? An Analysis Of Hoffman Plastic Compound, Inc. V. Nlrb, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Hoffman Plastic Compound, Inc., v. NLRB, 535 U.S. 137 (2002). The author expected the Court to address in this case the apparent conflict between the National Labor Relations Act's goal of the prevention of unfair labor practices and the Immigration Reform and Control Act's denial of employment to undocumented aliens. This issue arose because of an award of back pay to an undocumented worker who was fired because of his union organizing activities.
Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman
Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman
Journal Articles
Scholars interested in the development of political and constitutional culture during the 1930s sometimes draw inferences about popular preferences on various issues of social and economic policy from the results of presidential and congressional elections. A review of contemporary public opinion polls taken by George Gallup for the American Institute of Public Opinion and by Elmo Roper for the Fortune Magazine survey offers a more granular understanding of popular views on the public policy issues of the day. This article canvasses all of the public opinion polls taken by Gallup and Roper between 1935, when they began publishing their results, …