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Articles 1 - 17 of 17
Full-Text Articles in Law
Rick Garnett Was Quoted In The New York Times Article Among Justices, Considering A Divide Not Of Gender Or Politics, But Of Beliefs , July 11, Richard Garnett
Rick Garnett Was Quoted In The New York Times Article Among Justices, Considering A Divide Not Of Gender Or Politics, But Of Beliefs , July 11, Richard Garnett
Richard W Garnett
Rick Garnett was quoted in The New York Times article Among Justices, Considering a Divide Not of Gender or Politics, but of Beliefs on July 11.
Supreme Court Orders Potentially Misunderstood And Confusing-Case Study Of Two Recent Supreme Court Orders, James T. Struck
Supreme Court Orders Potentially Misunderstood And Confusing-Case Study Of Two Recent Supreme Court Orders, James T. Struck
James T Struck
Supreme Court Orders Potentially Misunderstood and Confusing-Case Study of Two Recent Supreme Court Orders Author-James T. Struck BA, BS, AA, MLIS Faced with around 10,000 petitions for certiorari every year and thousands of other reconsideration, mandamus, rehearing, ruling, decision, opinion, appointment, fellowship, research, solicitor general requests, it is no surprise that the Supreme Court's orders have potentially confusing content. Let's consider a recent order of the U.S. Supreme Court from this month. Please read the order from TUESDAY, JANUARY 7, 2014 CERTIORARI DENIED 13-8030 MUHAMMAD, ASKARI A. V. FLORIDA (13A674) The application for stay of execution of sentence of death …
Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann
Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann
Jeffrey B. Morris
No abstract provided.
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Gary M. Shaw
The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"
The Language Of The Roberts Court, Frank B. Cross
The Language Of The Roberts Court, Frank B. Cross
Frank B Cross
Abstract: It is widely recognized that it is the language of the Supreme Court’s opinion, not the outcome, that is legally most salient. Yet the language of opinions has seen little research. Linguistic analysis programs are now commonly used in other disciplines to compare language choices. We apply the leading program to evaluate Roberts Court opinions. We find significant differences, depending on whether the opinion is for the majority or separate, revealing the significance of compromise at the Court. In addition, we find some differences in language content, depending upon who authored the opinion.
Doctrinal Conversation: Justice Kagan's Supreme Court Opinions, Laura Ray
Doctrinal Conversation: Justice Kagan's Supreme Court Opinions, Laura Ray
Laura K. Ray
In her first two terms on the Supreme Court, Justice Elena Kagan has crafted a distinctive judicial voice that speaks to her readers in a remarkably conversational tone. She employs a variety of rhetorical devices: invocations to “remember” or “pretend”; informal and even colloquial diction; a diverse assortment of similes and metaphors; and parenthetical interjections that guide the reader’s response. These strategies engage the reader in much the same way that Kagan as law professor may well have worked to engage her students, and in the context of judicial opinions they serve several purposes. They make Kagan’s opinions accessible to …
Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Michael C. Dorf, Lisa Mcelroy
Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Michael C. Dorf, Lisa Mcelroy
Michael C. Dorf
Senator Patrick Leahy recently introduced a bill that would override a New-Deal-era federal statute forbidding retired justices from serving by designation on the Supreme Court of the United States. The Leahy bill would authorize the Court to recall willing retired justices to substitute for recused justices. This Article uses the Leahy bill as a springboard for considering a number of important constitutional and policy questions, including: whether the possibility of 4-4 splits justifies substitution of a retired justice for an active one; whether permitting retired justices to substitute for recused justices would violate Article III’s requirement that there be “one …
Color Commentators Of The Bench, Adam Benforado
Color Commentators Of The Bench, Adam Benforado
Adam Benforado
Featuring prominently in the last four sets of Supreme Court confirmation hearings, the judge-as-umpire analogy has become the dominant frame for understanding the role of the Justice and may also now act as a significant constraint on judicial behavior. Strong criticisms from legal academics and journalists attacking the realism of the analogy have had little destabilizing effect. This Essay argues that the best hope for shifting the public conception of the work of a Justice is to offer a counter analogy that draws from an equally intuitive and familiar context, while also capturing the core essence of Supreme Court adjudication …
Why The Supreme Court Issues Plurality Opinions, David R. Stras, James F. Spriggs
Why The Supreme Court Issues Plurality Opinions, David R. Stras, James F. Spriggs
David R Stras
Many of the Supreme Court’s most important decisions, such as those involving executive power and the constitutionality of abortion regulations, are decided by plurality decision. Plurality opinions result when five or more Justices agree on the result in a particular case but no single rationale or opinion garners five votes. Many Justices, including William Rehnquist and Ruth Bader Ginsburg, have addressed the problems created by plurality opinions, such as interpretive difficulties in determining the Court’s holding, but few scholars have addressed plurality decisions other than in passing. In the first empirical analysis examining the occurrence of plurality decisions, the authors …
Inside The Marble Palace: The Domestication Of The Supreme Court (Reviewing Christopher Buckley, Supreme Courtship), Laura K. Ray
Inside The Marble Palace: The Domestication Of The Supreme Court (Reviewing Christopher Buckley, Supreme Courtship), Laura K. Ray
Laura K. Ray
No abstract provided.
Lives Of The Justices: Supreme Court Autobiographies, Laura K. Ray
Lives Of The Justices: Supreme Court Autobiographies, Laura K. Ray
Laura K. Ray
No abstract provided.
Justices At Home: Three Supreme Court Memoirs, Laura K. Ray
Justices At Home: Three Supreme Court Memoirs, Laura K. Ray
Laura K. Ray
No abstract provided.
Justice Ginsburg And The Middle Way, Laura K. Ray
Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray
Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray
Laura K. Ray
No abstract provided.
Autobiography And Opinion: The Romantic Jurisprudence Of Justice William O. Douglas, Laura K. Ray
Autobiography And Opinion: The Romantic Jurisprudence Of Justice William O. Douglas, Laura K. Ray
Laura K. Ray
No abstract provided.
Judicial Fictions: Images Of Supreme Court Justices In The Novel, Drama, And Film, Laura K. Ray
Judicial Fictions: Images Of Supreme Court Justices In The Novel, Drama, And Film, Laura K. Ray
Laura K. Ray
No abstract provided.
The Justices Write Separately: Uses Of The Concurrence By The Rehnquist Court, Laura K. Ray
The Justices Write Separately: Uses Of The Concurrence By The Rehnquist Court, Laura K. Ray
Laura K. Ray
No abstract provided.