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Full-Text Articles in Law

The Lottery Docket, William Ortman, Daniel Epps Jan 2018

The Lottery Docket, William Ortman, Daniel Epps

Law Faculty Research Publications

No abstract provided.


Post-Teva: When Will The Federal Circuit Embrace The Deferential Standard Of Review For Patent Claim Construction?, Katherine E. White Jan 2015

Post-Teva: When Will The Federal Circuit Embrace The Deferential Standard Of Review For Patent Claim Construction?, Katherine E. White

Law Faculty Research Publications

No abstract provided.


Understanding The Establishment Clause: A Revisit, Robert A. Sedler Jan 2013

Understanding The Establishment Clause: A Revisit, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The New Victims Of The Old Anti-Catholicism, Christopher C. Lund Feb 2012

The New Victims Of The Old Anti-Catholicism, Christopher C. Lund

Law Faculty Research Publications

Santayana once said that those who cannot remember the past are condemned to repeat it, the implication being that we can avoid future mistakes by paying better attention to past ones. Perhaps this is so. Or perhaps it is as George Bernard Shaw once said-that we learn from history only that we learn nothing from history. Yet one thing is surely clear. To the extent that modern injustices have identifiable historical antecedents, we rightly stand doubly condemned for them.

This Essay looks at four modern church-state cases which span the First Amendment spectrum. The plaintiffs are religiously diverse-one is a ...


Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long Dec 2009

Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long

Law Faculty Research Publications

Professor Lani Guinier and others have recently developed a theory called "demosprudence" that explains the democracy-enhancing potential of certain types of US. Supreme Court dissents. Separately, state constitutionalists have described state constitutions' capacity to offer a base of resistance against the U.S. Supreme Court's narrow conception of individual rights. Applying these two seemingly unrelated theories to school desegregation litigation in Connecticut and to same-sex marriage litigation in Iowa, this Essay suggests that certain state constitutional decisions might function like U.S. Supreme Court dissents to enhance democratic activism. In this way, interactive federalism might usefully serve as a ...


A Different Take On The Roberts Court: The Court As An Institution, Ideology, And The Settled Nature Of American Constitutional Law, Robert A. Sedler Jan 2008

A Different Take On The Roberts Court: The Court As An Institution, Ideology, And The Settled Nature Of American Constitutional Law, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Re-Embodying Law, Steven L. Winter Jan 2006

Re-Embodying Law, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Implementing Brown: A Lawyer’S View, Robert A. Sedler Oct 2004

Implementing Brown: A Lawyer’S View, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The Constitution Should Protect The Right To Same-Sex Marriage, Robert A. Sedler Jan 2004

The Constitution Should Protect The Right To Same-Sex Marriage, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The Implied Waiver Solution To The Problem Of Privilege In The Individual Bankruptcy Case, Laura B. Bartell Jan 2003

The Implied Waiver Solution To The Problem Of Privilege In The Individual Bankruptcy Case, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


A Parent’S Right To Choose: The Constitutionality Of Grandparent Visitation According To Troxel V. Granville, Robert A. Sedler Jun 2002

A Parent’S Right To Choose: The Constitutionality Of Grandparent Visitation According To Troxel V. Granville, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The Antitrust Conversation, Stephen Calkins Jan 2001

The Antitrust Conversation, Stephen Calkins

Law Faculty Research Publications

No abstract provided.


California Dental Association: Not The Quick Look But Not The Full Monty, Stephen Calkins Jan 2000

California Dental Association: Not The Quick Look But Not The Full Monty, Stephen Calkins

Law Faculty Research Publications

No abstract provided.


Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler Jan 1997

Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Cable Tv, Indecency And The Court, Jonathan Weinberg Jan 1997

Cable Tv, Indecency And The Court, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.


The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler Nov 1996

The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Romer V. Evans And The Constitutionality Of Higher Lawmaking, Anthony M. Dillof Jan 1996

Romer V. Evans And The Constitutionality Of Higher Lawmaking, Anthony M. Dillof

Law Faculty Research Publications

No abstract provided.


Copperweld In The Courts: The Road To Caribe, Stephen Calkins Jan 1995

Copperweld In The Courts: The Road To Caribe, Stephen Calkins

Law Faculty Research Publications

No abstract provided.


The October 1992 Supreme Court Term And Antitrust: More Objectivity Than Ever, Stephen Calkins Jan 1994

The October 1992 Supreme Court Term And Antitrust: More Objectivity Than Ever, Stephen Calkins

Law Faculty Research Publications

Time and again the Rehnquist Court has favored antitrust certainty. When faced with a choice between achieving individualized justice and adhering to relatively clear, generalized rules, it has usually chosen the latter. The certainty of objective evidence has been preferred to the more customized resort to subjective evidence.

This pattern continued during the 1992-93 term. Perceived objectivity through generalized rules triumphed in the term's four antitrust cases, Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc., Spectrum Sports, Inc. v. McQuillan, Hartford Fire Insurance Co. v. California, and Brooke Group Ltd. v. Brown & Williamson Tobacco Corp.

This article ...


Connecticut V. Doehr And Procedural Due Process Requirements For Prejudgment Remedies: The Sniadach Tetrad Revisited, Linda Beale Jan 1994

Connecticut V. Doehr And Procedural Due Process Requirements For Prejudgment Remedies: The Sniadach Tetrad Revisited, Linda Beale

Law Faculty Research Publications

No abstract provided.


Precedents In A Vacuum: The Supreme Court Continues To Tinker With Double Jeopardy, Peter J. Henning Oct 1993

Precedents In A Vacuum: The Supreme Court Continues To Tinker With Double Jeopardy, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


Supreme Court Antitrust 1991-92: The Revenge Of The Amici, Stephen Calkins Jan 1993

Supreme Court Antitrust 1991-92: The Revenge Of The Amici, Stephen Calkins

Law Faculty Research Publications

No abstract provided.


The Civil Rights Act Of 1991: A “Quota Bill,” A Codification Of Griggs, A Partial Return To Wards Cove, Or All Of The Above?, Kingsley R. Browne Jan 1993

The Civil Rights Act Of 1991: A “Quota Bill,” A Codification Of Griggs, A Partial Return To Wards Cove, Or All Of The Above?, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


Re-Examining The Act Of State Doctrine: An Integrated Conflicts Analysis, Gregory H. Fox Apr 1992

Re-Examining The Act Of State Doctrine: An Integrated Conflicts Analysis, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.


The 1990-91 Supreme Court Term And Antitrust: Toward Greater Certainty, Stephen Calkins Jan 1992

The 1990-91 Supreme Court Term And Antitrust: Toward Greater Certainty, Stephen Calkins

Law Faculty Research Publications

No abstract provided.


The Supreme Court And The Bill Of Rights, Robert A. Sedler Oct 1991

The Supreme Court And The Bill Of Rights, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Thurgood Marshall And The Administrative State, Jonathan Weinberg Jan 1991

Thurgood Marshall And The Administrative State, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.


The October 1989 Supreme Court Term And Antitrust: Power, Access, And Legitimacy, Stephen Calkins Jan 1990

The October 1989 Supreme Court Term And Antitrust: Power, Access, And Legitimacy, Stephen Calkins

Law Faculty Research Publications

No abstract provided.


Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter Jan 1990

Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter

Law Faculty Research Publications

Progressive constitutional scholarship has yet fully to confront the implications of the conservative shift in constitutional law. Liberal critics continue to seek governing constitutional theories with which to constrain decisionmaking by judges of a notably different mind. Other, more radical scholars employ the indeterminacy and "law is politics" critiques in a more open attempt at displacement. Neither approach is viable, however. Each presumes the primacy of the autonomous, self-directing subject; each resists recognition of the situated nature of all human endeavor. This essay adopts the alternative strategy: exploring the implications of situatedness as they apply to the development, practice, and ...


Tennessee V. Garner And The Democratic Practice Of Judicial Review, Steven L. Winter Jan 1986

Tennessee V. Garner And The Democratic Practice Of Judicial Review, Steven L. Winter

Law Faculty Research Publications

No abstract provided.