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1997

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Supreme Court

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Institution
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Articles 1 - 30 of 36

Full-Text Articles in Law

Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist Oct 1997

Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist

Indiana Law Journal

No abstract provided.


Labor And The Supreme Court: Review Of The 1996-1997 Term, Keith N. Hylton Oct 1997

Labor And The Supreme Court: Review Of The 1996-1997 Term, Keith N. Hylton

Faculty Scholarship

The U.S. Supreme Court's 1996-1997 Term will surely not be remembered among lawyers for its decisions in the employment area. Most of these decisions involved narrow questions of statutory interpretation, and for the most part the Court has handed down opinions consistent with existing case law. There was not one National Labor Relations Act (NLRA) decision this Term and the two employment discrimination cases involved fairly technical issues of statutory interpretation. The feeling of a quiet year is put across by simply reading the statutes at issue other than Title VII: the Federal Employers' Liability Act (FELA) (one case), the …


Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag Jul 1997

Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag

Indiana Law Journal

No abstract provided.


Plain Meaning, The Tax Code, And Doctrinal Incoherence, Mary L. Heen Apr 1997

Plain Meaning, The Tax Code, And Doctrinal Incoherence, Mary L. Heen

Law Faculty Publications

This Article examines the Supreme Court's interpretive approach in recent tax cases. Part I of the Article sets the stage by describing the Court's interpretive approach, its focus on the relative determinacy of statutory language, and the backdrop of Chevron. Part II examines the effect of these issues on tax law, focusing on three cases that construe the same Code provision, section 104(a)(2), but apply quite different interpretive approaches. In United States v. Burke, the Court appeared to find the provision ambiguous and relied in part upon an interpretation of the statute contained in a Treasury regulation. Subsequently, in Commissioner …


Textualism's Selective Canons Of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, And Deference To Executive Agencies, Bradford Mank Jan 1997

Textualism's Selective Canons Of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, And Deference To Executive Agencies, Bradford Mank

Faculty Articles and Other Publications

This Article demonstrates that textualist Judges, most notably Justices Scalia, Thomas, and, to a lesser extent, Kennedy, have applied some canons too aggressively, and slighted others. Textualist Judges have overused clear-statement rules that narrow statutory meaning, especially as a means to promote federalism and states' rights. On the other hand, textualists have neglected canons that promote individual liberty or executive authority Because canons must be applied on a case-by-case basis and different canons can conflict, it is impossible to formulate one rule for how they should be applied. Nevertheless, the common textualist approach of selectively favoring some canons at the …


Will The Punishment Fit The Victims? The Case For Pre-Trial Disclosure, And The Uncharted Future Of Victim Impact Information In Capital Jury Sentencing, José F. Anderson Jan 1997

Will The Punishment Fit The Victims? The Case For Pre-Trial Disclosure, And The Uncharted Future Of Victim Impact Information In Capital Jury Sentencing, José F. Anderson

All Faculty Scholarship

The United States Supreme Court decision in Payne v. Tennessee, upholding the use of victim impact statements in capital jury sentencing proceedings, marked one of the most dramatic reversals of a precedent in the history of United States constitutional jurisprudence. The decision in Payne expressly overruled Booth v. Maryland decided only four years earlier. The Booth case rejected the use of victim impact statements in capital sentencing cases that involved juries. In Payne, the Supreme Court made it clear that victims were entitled to offer, and juries were permitted to consider, the effect that a "death eligible" homicide had on …


Thurgood Marshall: Legal Strategist For The Civil Rights Movement, F. Michael Higginbotham, José F. Anderson Jan 1997

Thurgood Marshall: Legal Strategist For The Civil Rights Movement, F. Michael Higginbotham, José F. Anderson

All Faculty Scholarship

This brief article covers the career of attorney and U.S. Supreme Court Justice Thurgood Marshall, covering his early days as an attorney working for the NAACP, up to his career on the nation's highest court. Of particular interest are the hardships of his early days as a lawyer, as one of only 32 African American lawyers in Maryland in 1935. The key cases during his career are touched upon, along with the legal strategies used to further the cause of civil rights.


Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle Jan 1997

Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


The Supreme Court Opens Its Mind, And Medical Books, And Refuses ‘You Can Walk, You Can Talk, You Don’T Seem Sick Enough’ Approach To Asymptomatic Hiv Coverage Under The Americans With Disabilities Act, Rebecca Walker Embry Jan 1997

The Supreme Court Opens Its Mind, And Medical Books, And Refuses ‘You Can Walk, You Can Talk, You Don’T Seem Sick Enough’ Approach To Asymptomatic Hiv Coverage Under The Americans With Disabilities Act, Rebecca Walker Embry

Saint Louis University Public Law Review

No abstract provided.


Decision: How The Supreme Court Decides Cases, Martin D. Gelfand Jan 1997

Decision: How The Supreme Court Decides Cases, Martin D. Gelfand

Case Western Reserve Journal of International Law

No abstract provided.


Character And Fitness Requirements For Bar Admission In New York, Avrom Robin Jan 1997

Character And Fitness Requirements For Bar Admission In New York, Avrom Robin

Touro Law Review

No abstract provided.


Warning! The Manufacturer Of This Product May Have Engaged In Cover-Ups, Lies, And Concealment: Making The Case For Limitless Punitive Awards In Product Liability Lawsuits, Cynthia R. Mabry Jan 1997

Warning! The Manufacturer Of This Product May Have Engaged In Cover-Ups, Lies, And Concealment: Making The Case For Limitless Punitive Awards In Product Liability Lawsuits, Cynthia R. Mabry

Indiana Law Journal

No abstract provided.


Section 1983 In The Second Circuit, Honorable George C. Pratt Jan 1997

Section 1983 In The Second Circuit, Honorable George C. Pratt

Touro Law Review

No abstract provided.


Public Welfare, Supreme Court Monroe County, Brown V. Wing Jan 1997

Public Welfare, Supreme Court Monroe County, Brown V. Wing

Touro Law Review

No abstract provided.


Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine Jan 1997

Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Fordham Urban Law Journal

Part I of this Article discusses Supreme Court cases prior to 1981, in which the Court first expressed its hands-off approach to deciding questions of religious practice and belief. This Part suggests that in these decisions, as a result of a proper concern for religious autonomy, the Court already began the process of expanding the principle of judicial non-interference, at the cost of sacrificing effective adjudication of important constitutional issues. Part II of this Article critiques the Court's approach in Free Exercise Clause cases, identifying different problems that have arisen as a result of the Court's approach. This Part argues …


The Presence Of A Web Site As A Constitutionally Permissible Basis For Personal Jurisdiction, Christine E. Mayewski Jan 1997

The Presence Of A Web Site As A Constitutionally Permissible Basis For Personal Jurisdiction, Christine E. Mayewski

Indiana Law Journal

No abstract provided.


Supreme Court, New York County Stringfellow's Of New York Ltd. V. City Of New York Jan 1997

Supreme Court, New York County Stringfellow's Of New York Ltd. V. City Of New York

Touro Law Review

No abstract provided.


The Supreme Court And Local Government Law 1995-96 Term Introduction, Dean Howard A. Glickstein Jan 1997

The Supreme Court And Local Government Law 1995-96 Term Introduction, Dean Howard A. Glickstein

Touro Law Review

No abstract provided.


It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein Jan 1997

It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker Jan 1997

Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker

Touro Law Review

No abstract provided.


Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky Jan 1997

Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Appellate Division Second Department, People V. Taylor Jan 1997

Right To Counsel, Supreme Court, Appellate Division Second Department, People V. Taylor

Touro Law Review

No abstract provided.


Right To Trial By Jury, Supreme Court, Appellate Division Fourth Department People V. Perkins Jan 1997

Right To Trial By Jury, Supreme Court, Appellate Division Fourth Department People V. Perkins

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Bronx County People V. Williams Jan 1997

Search And Seizure, Supreme Court, Bronx County People V. Williams

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Appellate Division Second Department People V. Hendricks Jan 1997

Self-Incrimination, Supreme Court, Appellate Division Second Department People V. Hendricks

Touro Law Review

No abstract provided.


Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making (Essay), Donna F. Coltharp Jan 1997

Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making (Essay), Donna F. Coltharp

Faculty Articles

No abstract provided.


How Conservative Is The Rehnquist Court--Three Issues, One Answer, Staci Rosche Jan 1997

How Conservative Is The Rehnquist Court--Three Issues, One Answer, Staci Rosche

Fordham Law Review

No abstract provided.


Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky Jan 1997

Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky

Scholarly Works

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1997

Section 1983 Litigation, Martin A. Schwartz

Scholarly Works

No abstract provided.


Common Law Elements Of The Section 1983 Action, Jack M. Beermann Jan 1997

Common Law Elements Of The Section 1983 Action, Jack M. Beermann

Faculty Scholarship

This Article explores the role of the common law in Supreme Court interpretation and application of § 1983, which grants a cause of action for violations of constitutional rights committed "under color of any [state] statute, ordinance, regulation, custom or usage."' I argue that the common law has served primarily to narrow the reach of § 1983, and that this is inappropriate in light of the broad statutory language and the absence of good evidence that the enacting Congress intended a narrower application than the statutory language indicates.