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Articles 1 - 9 of 9
Full-Text Articles in Law
"Amorphous Federalism" And The Supreme Court's Marriage Cases, David B. Cruz
"Amorphous Federalism" And The Supreme Court's Marriage Cases, David B. Cruz
Loyola of Los Angeles Law Review
This Article addresses the U.S. Supreme Court’s decisions in Hollingsworth v. Perry and United States v. Windsor, the two cases in the October 2012 Term that took up issues of marriage rights of same-sex couples. After Part I of the Article provides a brief Introduction, Part II examines the Supreme Court’s opinion in Perry. It summarizes the litigation; teases out divergent views of the relevance of federalism for the Court’s standing ruling in the case; identifies the problematic constitutional underpinnings of the Perry dissenters’ views of federal court standing, which rely on an unjustified constitutional privileging of initiative lawmaking; and …
Supreme Court Clerks As Judicial Actors And As Sources, Scott Armstrong
Supreme Court Clerks As Judicial Actors And As Sources, Scott Armstrong
Marquette Law Review
none
Fielding An Excellent Team: Law Clerk Selection And Chambers Structure At The U.S. Supreme Court, Christopher D. Kromphardt
Fielding An Excellent Team: Law Clerk Selection And Chambers Structure At The U.S. Supreme Court, Christopher D. Kromphardt
Marquette Law Review
Supreme Court Justices exercise wide discretion when hiring law clerks. The Justices are constrained only by the pool of qualified applicants and by norms of the institution, such as that beginning with Chief Justice Burger’s tenure in 1969 90% of clerks have previously served a clerkship with a federal judge. Previous work finds that ideology structures hiring decisions at the individual clerk level; however, these analyses fail to account for the fact that a Justice hires several clerks each Term—he seeks a winning team, not just a single all-star. Hiring decisions are structuring decisions in which one of a Justice’s …
Keynote Address: Secret Agents: Using Law Clerks Effectively, David R. Stras
Keynote Address: Secret Agents: Using Law Clerks Effectively, David R. Stras
Marquette Law Review
Recent scholarship discusses the role of law clerks and their role in influencing the courts on which they work. This Keynote Address discusses the nuts and bolts of law clerks, including how they are selected, what role they play on various courts, and their potential opportunities for influence.
Taking A Dip In The Supreme Court Clerk Pool: Gender-Based Discrepancies In Clerk Selection, John J. Szmer, Erin B. Kaheny, Robert K. Christensen
Taking A Dip In The Supreme Court Clerk Pool: Gender-Based Discrepancies In Clerk Selection, John J. Szmer, Erin B. Kaheny, Robert K. Christensen
Marquette Law Review
Former U.S. Supreme Court clerks are heavily recruited by select law firms, and many eventually find their way to policy “elite” positions in the government or in the legal academy. A number of former clerks have returned to the Court as litigators, and a subset has returned to the Court as Justices. We are interested in clerk selection for two reasons. First, clerks influence key aspects of the judicial process while serving in their clerkship capacity, and second, many seem to be in a good position to influence legal policy well after their clerkships have ended. With this in mind, …
Justice Brennan And His Law Clerks, Stephen Wermiel
Panel Discussion: Judges' Perspectives On Law Clerk Hiring, Utilization, And Influence, David R. Stras, Diane S. Sykes, James A. Wynn Jr.
Panel Discussion: Judges' Perspectives On Law Clerk Hiring, Utilization, And Influence, David R. Stras, Diane S. Sykes, James A. Wynn Jr.
Marquette Law Review
none
Lausti And Salazar: Are Religious Symbols Legitimate In The Public Square?, Katie A. Croghan
Lausti And Salazar: Are Religious Symbols Legitimate In The Public Square?, Katie A. Croghan
Georgia Journal of International & Comparative Law
No abstract provided.
The Cost Of Privacy: Riley V. California’S Impact On Cell Phone Searches, Jennifer L. Moore, Jonathan Langton, Joseph Pochron
The Cost Of Privacy: Riley V. California’S Impact On Cell Phone Searches, Jennifer L. Moore, Jonathan Langton, Joseph Pochron
Journal of Digital Forensics, Security and Law
Riley v. California is the United States Supreme Court’s first attempt to regulate the searches of cell phones by law enforcement. The 2014 unanimous decision requires a warrant for all cell phone searches incident to arrest absent an emergency. This work summarizes the legal precedent and analyzes the limitations and practical implications of the ruling. General guidelines for members of the criminal justice system at all levels consistent with the Supreme Court’s decision are provided.