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Full-Text Articles in Law
The Supreme Common Law Court Of The United States, Jack M. Beermann
The Supreme Common Law Court Of The United States, Jack M. Beermann
Faculty Scholarship
The U.S. Supreme Court's primary role in the history of the United States, especially in constitutional cases (and cases hovering in the universe of the Constitution), has been to limit Congress's ability to redefine and redistribute rights in a direction most people would characterize as liberal. In other words, the Supreme Court, for most of the history of the United States since the adoption of the Constitution, has been a conservative force against change and redistribution. The Court has used five distinct devices to advance its control over the law. First, it has construed rights-creating constitutional provisions narrowly when those …
Rewriting Brown, Resurrecting Plessy, James E. Fleming
Rewriting Brown, Resurrecting Plessy, James E. Fleming
Faculty Scholarship
It is an honor and a pleasure to ponder Cooper v. AaronI and the legacy of Brown v. Board of Education2 in general and to respond to David A. Strauss's wise and insightful Childress Lecture3 in particular. I want to address three topics. The first two are encapsulated in my title: Rewriting Brown, Resurrecting Plessy. I'll examine the widespread phenomenon of "rewriting Brown." And I'll document what I shall call "resurrecting Plessy": the phenomenon, evident in both liberal and conservative scholarship and opinions, of charging one's opponents with repeating the mistakes of Plessy v. Ferguson.4 I'll illustrate the liberal version …
What Lurks Beneath: Nsa Surveillance And Executive Power Symposium: The Role Of The President In The Twenty-First Century, Gary S. Lawson
What Lurks Beneath: Nsa Surveillance And Executive Power Symposium: The Role Of The President In The Twenty-First Century, Gary S. Lawson
Faculty Scholarship
It is not surprising that, nearly two and a quarter centuries after ratification of the Federal Constitution, people are still actively arguing about the extent of the American President's powers.' The concept of executive power is notoriously murky,2 so disputes about its scope and character are virtually unavoidable. It is, however, at least a tad surprising that, nearly two and a quarter centuries after ratification of the Federal Constitution, people are still arguing about the constitutional sources of presidential power. 3 It is one thing to disagree about how far the President's power extends, but it is quite another thing …
Moral Philosophy, Information Technology, And Copyright, Wendy J. Gordon
Moral Philosophy, Information Technology, And Copyright, Wendy J. Gordon
Faculty Scholarship
A plethora of philosophical issues arise where copyright and patent laws intersect with information technology. Given the necessary brevity of the chapter, my strategy will be to make general observations that can be applied to illuminate one particular issue. I have chosen the issue considered in MGM v. Grokster,2 a recent copyright case from the U.S. Supreme Court Grokster, Ltd., provided a decentralized peer-to-peer technology that many people, typically students, used to copy and distribute music in ways that violated copyright law. The Supreme Court addressed the extent to which Grokster and other technology providers should be held …