Law Commons^™

Original Intent And Article Iii, Michael L. Wells, Edward J. Larson

Scholarly Works

Article III of the United States Constitution sets limits on the ability of the legislature to expand or contract the jurisdiction of the federal courts. The Supreme Court has generally held that Article III's restraints on the power of the legislature to restrict the jurisdiction of the federal courts are few and extremely permissive. Many scholars, however, argue that Article III imposes some strong limitations on the legislature's ability to define federal jurisdiction. Strangely, both sides of the debate rely on originalist arguments. This Article argues that reliance on the Framers' intent to resolve issues of federal courts law is …

Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

14 pages.

Should Juries And The Death Penalty Mix?: A Prediction About The Supreme Court's Answer, Christopher Slobogin

Indiana Law Journal

Symposium: The Capital Jury Project

Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys

Indiana Law Journal

Symposium: The Capital Jury Project

The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers

Indiana Law Journal

Symposium: The Capital Jury Project

Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: The Capital Jury Project

Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat

Indiana Law Journal

Symposium: The Capital Jury Project

Corporation Of The Presiding Bishop V. Amos, Matthew David Dimick

Brigham Young University Prelaw Review

The Supreme Court has long sought for a consistent principle in constitutional theory that will "be a master principle that can guide the interpretation of both religion clauses" (Tushnet, 1691). Indeed, at times both the Establishment Clause and the Free Exercise Clause seem to contradict. Such an instance arose in Corporation of the Presiding Bishop v. Amos. In this case the Court applied the religious accommodation principle to allow a religious group the right to remain an autonomous entity thereby maintaining protection guaranteed under the Free Exercise Clause, also recognizing "that the government may (and sometimes must) accommodate religious practices …

Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley

Indiana Law Journal

No abstract provided.

Sustainable Use Of Natural Resources: A Native American Perspective, Ted Strong

Sustainable Use of the West's Water (Summer Conference, June 12-14)

27 pages.

Contains footnotes.

No Striped Pants And Morning Coat: The Solicitor General In The State And Lower Federal Courts, Drew S. Days

Georgia State University Law Review

No abstract provided.

The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.

In Search Of The Post-Positivist Jury, Mark Cammack

Indiana Law Journal

No abstract provided.

Is Moral Relativism A Constitutional Command?, Steven G. Gey

Indiana Law Journal

No abstract provided.

Coping With Phantom Risks In The Courts, Peter W. Huber

RISK: Health, Safety & Environment (1990-2002)

Dr. Huber describes "phantom" risks as those tending to hover indefinitely, never to crystallize. He argues that legal procedures should optimally lead' to closure and eliminate unwarranted fears.

Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman

All Faculty Scholarship

This Article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessive prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportionate to the crime. In analyzing all of the modern holdings of the Court in this area, this Article finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is confused, and what law can be discerned rests on weak foundations. …

The Supreme Court's Land Use Decisions (Symposium - The Supreme Court And Local Government Law, 1993-94 Term), Leon D. Lazer

Scholarly Works

No abstract provided.

Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius

All Faculty Scholarship

This Article shall examine the characteristics of the current analytical framework by first examining some harmful effects resulting from the prioritization of fairness: excessive generalization, formalism and superficiality, and materialism. The Article will then examine in detail the Supreme Court's resolution of modern affirmative action issues. The Court has generated confusion and discord by applying simplistic concepts to complex problems and by adhering to the primacy of fairness in a context in which all interested parties claim that fairness favors their result. Finally, this Article will critique the Court's inability to provide a consistent doctrinal basis for discussing affirmative action …

Innovations Disguised As Traditions: An Historical Review Of The Supreme Court Nominations Process, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Right To Cross-Examine

Touro Law Review

No abstract provided.

The Business Of The Supreme Court Revisited, John Paul Jones

Law Faculty Publications

Nearly seventy years after its publication, Prof. Jones revisits Felix Frankfurter and James McCauley Landis' seminal 1928 book.

The Legacy Of The Brown Decision, Abbie Froerer

Brigham Young University Prelaw Review

The landmark case regarding school desegregation, Brown v. Board o/ Education of Topeka, was brought by Oliver Brown on behalf of his daughter Linda. Under Kansas law, cities with populations over 15,000 were permitted, but not required, to provide two separate school facilities for white and colored students (Kansas. Gen. Stat. §72- 1724, 1949). Topeka chose to segregate its elementary schools. Consequently, Linda was forced to walk twenty blocks to attend an all-black grade school rather than attend the all-white one in her neighborhood. Several other black families joined the Browns in pursuing their goal.

The Pentagon Papers, Mike Gartner

Brigham Young University Prelaw Review

The case New York Times Co. v. United States was a landmark case that involved the right of a free press and the fundamental First Amendment rights of the American People. What follows is an exploration into this case and how it reached the Supreme Court. First we will examine a brief history of what became to be known as the "Pentagon Papers" and finally look into each decision reached in the federal courts, and of course the decision of the Supreme Court.

Bowers V. Hardwick: Diverging Interpretations, Warren D. Leishman

Brigham Young University Prelaw Review

Rarely does the serving of a simple misdemeanor warrant result in a case tried before the highest court in the land, but this is what happened to Michael Hardwick in August, 1982. Police officers arriving at his house were let in by a houseguest who led the policemen to the bedroom. At this point they stumbled upon Hardwick engaged in a sexual act with another man, an act which, under Georgia Code 16-6-2, constituted sodomy and was thus punishable "by imprisonment for not less than one nor more than twenty years." Michael Hardwick was arrested and charged, the first such …

International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli

Scholarly Works

No abstract provided.

Right To Be Present

Touro Law Review

No abstract provided.

Local Finances

Touro Law Review

No abstract provided.

Assisted Suicide, The Due Process Clause And "Fidelity In Translation", Willard C. Shih

Fordham Law Review

No abstract provided.

The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein

Touro Law Review

No abstract provided.