Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (53)
- William & Mary Law School (18)
- University of Arkansas at Little Rock William H. Bowen School of Law (15)
- University of Colorado Law School (6)
- Loyola University Chicago, School of Law (4)
-
- Columbia Law School (3)
- New York Law School (3)
- Vanderbilt University Law School (3)
- Boston University School of Law (2)
- UIC School of Law (2)
- University of Richmond (2)
- American University Washington College of Law (1)
- City University of New York (CUNY) (1)
- Cleveland State University (1)
- Emory University School of Law (1)
- Georgia State University College of Law (1)
- Roger Williams University (1)
- Selected Works (1)
- St. Mary's University (1)
- University of Baltimore Law (1)
- University of Missouri School of Law (1)
- University of Montana (1)
- University of Oklahoma College of Law (1)
- University of Pennsylvania Carey Law School (1)
- Wayne State University (1)
- West Virginia University (1)
- Keyword
-
- United States Supreme Court (39)
- First Supreme Court arguments (15)
- Supreme Court advocacy (15)
- Judicial review (12)
- Congress (11)
-
- Supreme Court (9)
- Equal Protection Clause (8)
- Marbury v. Madison (8)
- Discrimination (7)
- Affirmative action (6)
- Federalism (6)
- Jurisprudence (6)
- Bush v. Gore (5)
- Constitution (5)
- Racism (5)
- City of Boerne v. Flores (4)
- Civil Rights Act of 1964 (4)
- Minorities (4)
- Sixth Amendment (4)
- Brown v. Board of Education (3)
- Commerce Clause (3)
- First Amendment (3)
- Grutter v. Bollinger (3)
- Interstate commerce (3)
- Judicial activism (3)
- Korematsu v. United States (3)
- Marshall (John) (3)
- Race (3)
- Race and law (3)
- Rehnquist Court (3)
- Publication
-
- Michigan Law Review (34)
- The Journal of Appellate Practice and Process (15)
- Articles (13)
- Supreme Court Preview (10)
- Publications (6)
-
- Faculty Publications (5)
- Faculty Scholarship (5)
- Public Interest Law Reporter (4)
- Michigan Telecommunications & Technology Law Review (3)
- NYLS Law Review (3)
- Vanderbilt Law School Faculty Publications (3)
- All Faculty Scholarship (2)
- Faculty Articles (2)
- UIC Review of Intellectual Property Law (2)
- William & Mary Bill of Rights Journal (2)
- William & Mary Law Review (2)
- Appellate Briefs (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Chapters (1)
- Faculty Law Review Articles (1)
- Faculty Publications By Year (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Publications (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarship (1)
- Oklahoma Law Review (1)
- Publications and Research (1)
- University of Michigan Journal of Law Reform (1)
- University of Richmond Law Review (1)
- Vincent Samar (1)
- Publication Type
Articles 121 - 126 of 126
Full-Text Articles in Law
The Right To Receive Information, Susan Nevelow Mart
The Right To Receive Information, Susan Nevelow Mart
Publications
Ms. Mart examines the legal evolution of the right to receive information, particularly focusing on its application to libraries, beginning with the Supreme Court holding in Board of Education v. Pico, and followed by cases that have considered the meaning of Pico in a variety of library-related contexts.
Marbury V. Madison And Modern Judicial Review, Robert F. Nagel
Marbury V. Madison And Modern Judicial Review, Robert F. Nagel
Publications
This Article compares the realist critique of Marbury with several revisionist defenses of that decision. Realists claim to see Marbury as essentially political and thus as the fountainhead of modern judicial review. Revisionists claim to see the decision as legalistically justified and thus inconsistent with current practices. Close examination, however, indicates that, despite sharp rhetorical differences, these two accounts are largely complementary rather than inconsistent. Each envisions Marbury as embodying elements of both political realism and legal formalism. Once the false argument about whether Marbury was either political or legal is put aside, it is possible to trace the influence …
Justice White And Judicial Review, Philip J. Weiser
Justice White And Judicial Review, Philip J. Weiser
Publications
No abstract provided.
Recent Cases: Appellate Procedure - Force Of Circuit Precedent - Ninth Circuit Holds That Three-Judge Panels May Declare Prior Cases Overruled When Intervening Supreme Court Precedent Undercuts The Theory Of Earlier Decisions, Robert J. Jackson Jr.
Faculty Scholarship
The nation's courts of appeals have struggled to devise a coherent approach to harmonizing existing circuit case law with intervening decisions of the Supreme Court.' When the Court directly overrules a decision of a court of appeals, it is agreed that the overruled decision loses the force of law. But when a Supreme Court opinion disfavors a circuit's jurisprudential theory, the courts of appeals must determine to what extent cases relying on the rejected theory remain good law. Recently, in Miller v. Gammie (Gammie II),2 the United States Court of Appeals for the Ninth Circuit, sitting en banc, adopted an …
The Making Of The Second Rehnquist Court: A Preliminary Analysis, Thomas W. Merrill
The Making Of The Second Rehnquist Court: A Preliminary Analysis, Thomas W. Merrill
Faculty Scholarship
The Supreme Court is implicitly assumed to have a certain unity of character under each Chief Justice. Hence, we refer to the "Marshall Court," the "Warren Court," and the "Rehnquist Court." A closer look at history reveals that this assumption of a natural Court defined by the tenure of each Chief Justice is often misleading. The Marshall Court had a different character late in its life than it did in its early years. Similarly, the Warren Court became distinctively more liberal and activist after 1962 when Felix Frankfurter retired and was replaced by Arthur Goldberg.
Although the Rehnquist Court is …
Supreme Court Review Of State-Court Determinations Of State Law In Constitutional Cases, Henry Paul Monaghan
Supreme Court Review Of State-Court Determinations Of State Law In Constitutional Cases, Henry Paul Monaghan
Faculty Scholarship
The decision in Bush v. Gore and particularly Chief Justice Rehnquist's concurring opinion were widely criticized for their unwarranted intrusion upon the "authoritative" status of the Florida Supreme Court in determining the meaning of Florida election law. This Article rejects the merits of that criticism. It proposes the thesis that the Supreme Court has ancillary jurisdiction to review state-court determinations of state law in cases where the Constitution or ftderal law imposes a duty of fidelity to prior state law (t1) and the claim is that the state court materially and impermissibly departed from that law at a …