Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- United States Supreme Court (15)
- Supreme Court (12)
- Congress (5)
- Arbitration (4)
- Book review (4)
-
- Collective bargaining (3)
- Racial discrimination (3)
- Arbitral awards (2)
- Constitutional violations (2)
- DOMA (2)
- Defense of Marriage Act (2)
- Discrimination (2)
- Empirical studies (2)
- Employees (2)
- Employers (2)
- History (2)
- Labor unions (2)
- Marriage Equality (2)
- Minorities (2)
- Political participation (2)
- Preclearance (2)
- Proposition 8 (2)
- Race and law (2)
- Remedial regimes (2)
- Voting (2)
- Voting Rights Act (2)
- Voting Rights Initiative (2)
- Voting practices (2)
- Voting rights (2)
- Websites (2)
Articles 1 - 30 of 38
Full-Text Articles in Law
Scotus Denies Review To Florist Who Refused To Serve Same-Sex Couple, Arthur S. Leonard
Scotus Denies Review To Florist Who Refused To Serve Same-Sex Couple, Arthur S. Leonard
Other Publications
No abstract provided.
The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe
The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe
Other Publications
No abstract provided.
Forum: What’S The Matter With The Supreme Court?, Michael Klarman, Nadine Strossen, Eli Noam, Sanford Levinson, Mark Tushnet
Forum: What’S The Matter With The Supreme Court?, Michael Klarman, Nadine Strossen, Eli Noam, Sanford Levinson, Mark Tushnet
Other Publications
No abstract provided.
Scotus Won’T Step Into Houston Benefits Case, For Now, Arthur S. Leonard
Scotus Won’T Step Into Houston Benefits Case, For Now, Arthur S. Leonard
Other Publications
No abstract provided.
Scotus Denies Review In Gay Rights Case, Arthur S. Leonard
Scotus Denies Review In Gay Rights Case, Arthur S. Leonard
Other Publications
No abstract provided.
Congress To Judges: We’Re The Boss Of You Now, Joanne Doroshow
Congress To Judges: We’Re The Boss Of You Now, Joanne Doroshow
Other Publications
No abstract provided.
The High Power Of The Lower Courts, Doni Gewirtzman
The High Power Of The Lower Courts, Doni Gewirtzman
Other Publications
No abstract provided.
5th Circuit Likely To Strike Down Gay Marriage Bans: An Analysis Of The Hearing, Ari Ezra Waldman
5th Circuit Likely To Strike Down Gay Marriage Bans: An Analysis Of The Hearing, Ari Ezra Waldman
Other Publications
No abstract provided.
The Freedom To Marry: Politics And Law In 2014 And Beyond, Ari Ezra Waldman
The Freedom To Marry: Politics And Law In 2014 And Beyond, Ari Ezra Waldman
Other Publications
No abstract provided.
With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard
With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard
Other Publications
No abstract provided.
Supreme Court Strikes Down Doma’S Key Provision, Ducks On Prop 8, Arthur S. Leonard
Supreme Court Strikes Down Doma’S Key Provision, Ducks On Prop 8, Arthur S. Leonard
Other Publications
No abstract provided.
Will Supreme Court Rule On Doma?, Arthur S. Leonard
Will Supreme Court Rule On Doma?, Arthur S. Leonard
Other Publications
No abstract provided.
Prop 8, Doma Defenders Rely On Federalism, Arthur S. Leonard
Prop 8, Doma Defenders Rely On Federalism, Arthur S. Leonard
Other Publications
No abstract provided.
Aclu Seeks Supreme Court Review In Windsor Doma Suit, Arthur S. Leonard
Aclu Seeks Supreme Court Review In Windsor Doma Suit, Arthur S. Leonard
Other Publications
No abstract provided.
Humanitarian Law Project -- The Dissent, Stephen Ellmann
Humanitarian Law Project -- The Dissent, Stephen Ellmann
Other Publications
This post originally appeared on http://nowwithouthesitation.blogspot.com/2010/07/humanitarian-law-project-dissent.html
Book Review Of Melvin I. Urofsky's Louis D. Brandeis: A Life, Edward A. Purcell Jr.
Book Review Of Melvin I. Urofsky's Louis D. Brandeis: A Life, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Florida V. Bostick, Yale Kamisar
Florida V. Bostick, Yale Kamisar
Other Publications
501 U.S. 429 (1991), argued 26 Feb. 1991, decided 20 June 1991 by vote of 6 to 3; O’Connor for the Court, Marshall in dissent. What constitutes a “seizure” within the meaning of the Fourth Amendment? Police practices need not be “reasonable”—indeed, are not regulated by the Fourth Amendment at all—unless they are considered “searches” or “seizures.” In this case, which involved a growing antidrug police tactic known as “working the buses” (randomly approaching a bus passenger and asking him for identification and to grant permission to search his luggage), the Court took a narrow view of what constitutes a …
Escobedo V. Illinois, Yale Kamisar
Escobedo V. Illinois, Yale Kamisar
Other Publications
378 U.S. 438 (1964), argued 29 Apr. 1964, decided 22 June 1964 by vote of 5 to 4; Goldberg for the Court, Harlan, Stewart, White, and Clark in dissent. When Danny Escobedo, a murder suspect, was taken to the police station and put in an interrogation room, he repeatedly asked to speak to the lawyer he had retained. Escobedo's lawyer soon arrived at the station house and repeatedly asked to see his client. Despite the persistent efforts of both Escobedo and his lawyer, the police prevented them from meeting. The police also failed to advise Escobedo of his right to …
Mallory V. United States, Yale Kamisar
Mallory V. United States, Yale Kamisar
Other Publications
354 U.S. 449 (1957), argued 1 Apr. 1957, decided 24 June 1957 by vote of 9 to 0; Frankfurter for the Court. Although the power of the Supreme Court to overturn state convictions is limited to the enforcement of Fourteenth Amendment due process rights, the Court may formulate rules of evidence in the exercise of its “supervisory power” over the administration of federal criminal justice that go well beyond due process requirements. The best-known example is the McNabb-Mallory rule.
Massiah V. United States, Yale Kamisar
Massiah V. United States, Yale Kamisar
Other Publications
377 U.S. 201 (1964), argued 3 Mar. 1964, decided 18 May 1964 by vote of 6 to 3; Stewart for the Court, White in dissent. Massiah was decided at a time when the Warren Court's “revolution in American criminal procedure” was accelerating. According to Massiah, after the initiation of adversary judicial proceedings (by indictment, as in Massiah's case, or by information, preliminary hearing or arraignment), the Sixth Amendment guarantees a defendant the right to rely on counsel as the “medium” between himself and the government. Thus, once adversary proceedings have begun, the government cannot bypass the defendant's lawyer and …
Miranda V. Arizona, Yale Kamisar
Miranda V. Arizona, Yale Kamisar
Other Publications
384 U.S. 436 (1966), argued 28 Feb. 1966, decided 13 June 1966 by vote of 5 to 4; Warren for the Court, Clark, Harlan, White, and Stewart in dissent. The Warren Court's revolution in American criminal procedure reached its high point (or, depending upon one's perspective, its low point) on 13 June 1966. That day the Court handed down its opinion in Miranda, the most famous, and most bitterly criticized, confession case in the nation's history. To some, Miranda symbolized the legal system's determination to treat even the lowliest and most despicable criminal suspect with dignity and respect. But …
California V. Acevedo, Yale Kamisar
California V. Acevedo, Yale Kamisar
Other Publications
500 U.S. 565 (1991), argued 8 Jan. 1991, decided 30 May 1991 by vote of 6 to 3; Blackmun for the Court, Scalia concurring, Stevens in dissent. Until the 1991 Acevedo case was decided, two different rules governed the search of closed containers found in a motor vehicle. In United States v. Ross (1982), the Court held that if the police had probable cause to search an entire vehicle for contraband and came upon a closed container in the course of the automobile search, they could open the container without first obtaining a warrant. On the other hand, in Arkansas …
Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt
Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt
Other Publications
The Voting Rights Initiative ("VRI") at the University of Michigan Law School was created during the winter of 2005 to help inform [...] the debates that led to this latest congressional reauthorization and the legal challenge to it that is certain to follow. A cooperative research venture involving 100 students working under faculty direction set out to produce a detailed portrait of litigation brought since 1982 under Section 2. This Report evaluates the results of that survey. The comprehensive data set may be found in a searchable form at http://www.votingreport.org or http://www.sitemaker.umich.edu/votingrights. The aim of this report and the accompanying …
Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt
Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt
Other Publications
This year marks the fortieth anniversary of one of the most remarkable and consequential pieces of congressional legislation ever enacted. The Voting Rights Act of 1965 ("the VRA") targeted massive disfranchisement of African-American citizens in numerous Southern states. It imposed measures drastic in scope and extraordinary in effect. The VRA eliminated the use of literacy tests and other "devices" that Southern jurisdictions had long employed to prevent black residents from registering and voting. The VRA imposed on these jurisdictions onerous obligations to prove to federal officials that proposed changes to their electoral system would not discriminate against minority voters. Resistance …
Hope On Consent Decrees, David Schoenbrod, Ross Sandler
Hope On Consent Decrees, David Schoenbrod, Ross Sandler
Other Publications
No abstract provided.
Face To Face With The Right Of Confrontation, Richard D. Friedman
Face To Face With The Right Of Confrontation, Richard D. Friedman
Other Publications
This article is an edited excerpt from the amicus curiae brief filed in Crawford v. Washington, heard before the United States Supreme Court on November 10, 2003. Prof. Friedman wrote the brief for the Court.
Arbitration And Judicial Review, Theodore J. St. Antoine
Arbitration And Judicial Review, Theodore J. St. Antoine
Other Publications
A quarter century ago, in a presentation at the Academy's annual meeting, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. That two-word phrase may be the only thing I ever said before this body that has been remembered. Unfortunately, it is almost invariably misunderstood. Time and again members have reproached me: "What's the big deal about contract reading, anyway? Isn't it just the same as contract interpretation?" Or, more substantively scathing: "Do you really think, Ted, that all you have to do to interpret a labor agreement is to …
Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross
Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross
Other Publications
Welcome. It is a pleasure to see everybody at this bright and cheery hour of the morning. My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.
Political Questions, Judicial Questions, And The Problem Of Washington V. Glucksberg, Carl E. Schneider
Political Questions, Judicial Questions, And The Problem Of Washington V. Glucksberg, Carl E. Schneider
Other Publications
Over a century and a half ago, Alexis de Tocqueville famously said, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." Physician-assisted suicide superbly illustrates Tocqueville's acute observation. For a number of years, assisted suicide was the prototype of a (nonpartisan) political question. Interest groups brought it to public attention. Public discussion of it flourished. Legislatures debated it. Citizens in several states decided in referenda whether to make it legal. Almost suddenly, however, this classic political process was transformed into a judicial one by the startling and strongly stated …
How Does Congress Define 'Perjury'?, Robert Blecker
How Does Congress Define 'Perjury'?, Robert Blecker
Other Publications
No abstract provided.