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Full-Text Articles in Law

Section 1: Ferguson V. City Of Charleston, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 1: Ferguson V. City Of Charleston, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 10: Also This Term, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 10: Also This Term, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 8: The Environment, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 8: The Environment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 2: The Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 2: The Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 3: The 2000 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 3: The 2000 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 6: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 6: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 8: Looking Ahead: Upcoming Issues In The Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 8: Looking Ahead: Upcoming Issues In The Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf Sep 2000

Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf

Cornell Law Faculty Publications

Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. By the 1970s and 1980s, standing limits traced to Article III’s case-or-controversy language had replaced the political question doctrine as the favored justiciability device. Although both political question and standing doctrines remain tools in the Court’s arsenal of threshold decision making,3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional …


Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin Sep 2000

Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin

Faculty Publications

No abstract provided.


Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya Apr 2000

Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


Review Of Leaving The Bench: Supreme Court Justices At The End, By D. N. Atkinson, Richard D. Friedman Jan 2000

Review Of Leaving The Bench: Supreme Court Justices At The End, By D. N. Atkinson, Richard D. Friedman

Reviews

David Atkinson points out an interesting anomaly near the beginning of his book, Leaving the Bench: scholars have spent an enormous amount of energy studying entrance to the Supreme Court-how justices are chosen-but much less studying exit. It is indeed an important issue. Do justices stay too long (or perhaps leave too early)? What mechanisms are in place to induce them to leave the Court when the time has come, and passed? Are further mechanisms needed?


Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel Jan 2000

Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel

Publications

No abstract provided.


Thirty Years Of Environmental Protection Law In The Supreme Court, Richard J. Lazarus Jan 2000

Thirty Years Of Environmental Protection Law In The Supreme Court, Richard J. Lazarus

Georgetown Law Faculty Lectures and Appearances

It is an honor to present a lecture named after Lloyd Garrison and to be here at Pace Law School. It is especially fitting, of course, that the first Garrison Lecture was presented by Pace's own David Sive. Professor Sive, as we all know, worked closely with Garrison on the celebrated Scenic Hudson litigation. Few legal counsel have been so closely identified with the emergence of the environmental law profession during the past three decades. Indeed, if there were such a thing as a legal thesaurus that linked substantive areas of law with lawyers and one looked up "environ-mental law," …


Private Remedies For Public Wrongs Under Section 5 (Symposium: New Directions In Federalism), Evan H. Caminker Jan 2000

Private Remedies For Public Wrongs Under Section 5 (Symposium: New Directions In Federalism), Evan H. Caminker

Articles

The Supreme Court has ushered in the new millennium with a renewed emphasis on federalism-based limits to Congress's regulatory authority in general, and Congress's Section 5 power to enforce the Fourteenth Amendment in particular. In a recent string of cases, the Court has refined and narrowed Section 5's enforcement power in two significant ways.1 First, the Court made clear that Congress lacks the authority to interpret the scope of the Fourteenth Amendment's substantive provisions themselves, and may only "enforce" the judiciary's definition of Fourteenth Amendment violations. 2 Second, the Court embraced a relatively stringent requirement concerning the relationship between means …


An Essay On Texas V. Lesage, Christina B. Whitman Jan 2000

An Essay On Texas V. Lesage, Christina B. Whitman

Articles

When I was invited to participate in this symposium, I was asked to discuss whether the causation defense developed in Mt. Healthy City School District Board of Education v. Doyle applied to cases challenging state action under the Equal Protection Clause of the Fourteenth Amendment. As I argue below, it seems clear that Mt. Healthy does apply to equal protection cases. The Supreme Court explicitly so held last November in Texas v. Lesage. But the implications of Lesage go beyond questions of causation. The opinion suggests that the Court may be rethinking (or ignoring) its promise in Carey v. Piphus …


Contract Reading' In Labor Arbitration, Theodore J. St. Antoine Jan 2000

Contract Reading' In Labor Arbitration, Theodore J. St. Antoine

Articles

A quarter century ago, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. This phrase has almost invariable been misunderstood to refer to reading or interpreting the contract. When I spoke of the "contract reader," it was in the context of judicial review of an award. My point was this: When a court has before it an arbitrator's award applying a collective bargaining agreement, it is as if the employer and the union had signed a stipulation stating: "What the arbitrator says this contract means is exactly what we meant …


Arbitration And Judicial Review, Theodore J. St. Antoine Jan 2000

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 …


Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier Jan 2000

Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier

Articles

The law of takings couples together matters that should be treated independently. The conventional view, shared by courts and commentators alike, has been that any takings case can be resolved in one of two ways: either there is a taking and compensation is due, or there is no taking and no compensation is due. These results are fine as long as one holding or the other serves the two central concerns of the Takings Clause - eficiency and justice. But a problem arises when the two purposes behind the law of takings come into cordhct, as they readily might. It …


Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel Jan 2000

Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel

Publications

No abstract provided.


How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins Jan 2000

How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins

Faculty Publications

No abstract provided.


Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins Jan 2000

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

Faculty Publications

No abstract provided.


Cardozo The [Small R] Realist, Richard D. Friedman Jan 2000

Cardozo The [Small R] Realist, Richard D. Friedman

Reviews

In Part I of this Review, I will discuss aspects of Cardozo's life and character. In Part II, I will discuss Cardozo's jurisprudential theory as revealed in his lectures and essays. In Part IlI, I will suggest how we gain a better perspective on his judicial opinions by understanding not only that theory but also the man and his life.


Dna As Evidence: Viewing Science Through The Prism Of The Law, Peter Donnelly, Richard D. Friedman Jan 2000

Dna As Evidence: Viewing Science Through The Prism Of The Law, Peter Donnelly, Richard D. Friedman

Articles

In this article, we analyze a problem related to DNA evidence that is likely to be of great and increasing significance in the near future. This is the problem of whether, and how, to present evidence that the suspect has been identified through a DNA database search. In our view, the two well-known reports on DNA evidence issued by the National Research Council (NRC) have been badly mistaken in their analysis of this problem. The mistakes are significant because the reports have carried great authority with American courts; moreover, the DNA Advisory Board of the FBI has endorsed the second …


The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya Jan 2000

The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya

Publications

No abstract provided.


Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard Jan 2000

Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard

Articles

This Article proceeds in four parts. Part I provides background on the historical development of constitutional federalism, the Supreme Court's decisions in this area, and the apparent demise of constitutional limits on federal power. Part II then reviews the Court's revival of constitutional federalism over the last decade. Based on this review, I argue that the Supreme Court's current federalism doctrine can be understood as a "constrained libertarianism" that attempts to use constitutional structure as a check on government interference with individual liberty. In this model, states are respected in our constitutional system because of the counterbalance that they provide …


How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian Jan 2000

How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian

Scholarship@WashULaw

Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …


Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross Jan 2000

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.