Law Commons^™

Why Do Supreme Court Justices Succeed Or Fail - Harry Blackmun As An Example, Lawrence S. Wrightsman, Justin R. La Mort

Missouri Law Review

At present, 108 Justices have served on the United States Supreme Court. Some have clearly been successes as judges, while a few have clearly not, and a large number are cast into that middle, "satisfactory" or "average," category. The purpose of this paper is to propose, examine, and evaluate specific factors as determinants of judicial success, and then to consider Justice Harry Blackmun's place on a continuum of successes and failures. The paper is divided into three sections. First, it reviews several ideal qualities and examines the results of several surveys of experts, which classify the Justices into categories based …

Endorsement Retires: From Religious Symbols To Anti-Sorting Principles, Adam M. Samaha

Public Law and Legal Theory Working Papers

No abstract provided.

Information Asymmetries And The Rights To Exclude, Lior Strahilevitz

Public Law and Legal Theory Working Papers

No abstract provided.

Garnishing The Congressional Intent: Protectingdebtor Wages In Bank Accounts Under The Federal And Louisiana Wage Garnishment Exemption Statutes, G. Wogan Bernard

Louisiana Law Review

No abstract provided.

Issue Contents

Louisiana Law Review

No abstract provided.

The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore

BYU Law Review

No abstract provided.

Brave New School: A Constitutional Argument Against State-Mandated Mental Health Assessments In Public Schools, Jennifer H. Gelman

Northern Illinois University Law Review

This comment examines the constitutionality of emotional health assessments in public schools. Despite the Supreme Court's recognition nearly a century ago that parents have a right to control the education of their children, American courts have grown increasingly hostile to parental interests in conflicts between parent and school. The author explores the possibility that the Court's reaffirmation of parental rights in Troxel v. Granville (2003) could be invoked in certain cases to reverse that trend. It is argued, in particular, that parental objections to school involvement in emotional health determinations ought to merit some form of heightened scrutiny.

Edict V. Dicta: Rolling Back Rights In The Second Circuit Under The Clearly Established Clause Of The Aedpa Amended Habeas Statute, Aron E. Goldschneider

Northern Illinois University Law Review

This article, through a close critical analysis of two recent habeas corpus decisions by the Second Circuit Court of Appeals, shows how appellate courts, under § 2254 of the AEDPA amended habeas statute, are methodically erasing venerable and well-considered federal habeas precedents that formerly protected state defendants' rights. In the process of examining these Second Circuit decisions' impact on two discrete areas of criminal trial procedure, the article exposes the way in which habeas review under the AEDPA too often becomes a formalistic yet un-disciplined exercise that turns away from the crucial question that should be at the heart of …

In Memoriam: Robert R. Merhige, Jr., Ronald J. Bacigal

Law Faculty Publications

It is difficult to write about Judge Merhige in an academic journal. His greatness lay not in formulating abstract legal doctrine, but in applying the law to real life situations. When I began researching his biography in 1986, the most pleasant part of the process was personal interviews with the Judge spanning two and a half years and filling some fifty audio tapes. Unfortunately, I was never able to capture his humanity in print and may have done him a disservice by writing his biography the way a law professor does-focusing on the intellectual aspects of his famous cases, rather …

The Forum, Volume 5, Issue 3 (November 2005), University Of South Carolina School Of Law Students

The Forum Student Newspaper

Panamanians Give Gringos Free Showers, By: T.J. O'Sullivan

How to Tackle a Take-Home Exam, Tyler Style, By: Tyler Schachte

Letter From the Editor, By: Meg Donahue, Editor-in-Chief

The Forum Editorial Board and submissions notice

NEWS NUGS, By: Bill Young

Court Defers To Corps' Final Findings In Terminal Project, Benjamin Spruill

Sea Grant Law Fellow Publications

No abstract provided.

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Uncertainty And Informed Choice: Unmasking Daubert, Aaron D. Twerski, Margaret A. Berger

Faculty Scholarship

No abstract provided.

Title Page

Louisiana Law Review

No abstract provided.

Volume Contents

Louisiana Law Review

No abstract provided.

Zoned Out! Examining Campus Speech Zones, Carol L. Zeiner

Louisiana Law Review

No abstract provided.

Why The Rule Of Law?, Richard K. Greenstein

Louisiana Law Review

No abstract provided.

Lawlessness Revealed: The Supreme Court's Man Of Liberty Transcends Tort Law, Nelson P. Miller

Louisiana Law Review

No abstract provided.

Rediscovering Subjectivity In Contracts: Adhesion And Unconscionability, Richard L. Barnes

Louisiana Law Review

No abstract provided.

The Status Of Bystander Damage Claims In Louisiana: A Less-Than-Perfect Fit In The Tort Puzzle, Jessica Coco

Louisiana Law Review

No abstract provided.

"The Constitutional Infringement Zone": Protest Pens And Demonstration Zones At The 2004 National Political Conventions, Susan Rachel Nanes

Louisiana Law Review

No abstract provided.

Apparently Not: The Status Of Apparent Authority After Holloway V. Shelter Mutual Insurance, Bendel Lee Carr Jr.

Louisiana Law Review

No abstract provided.

Article I Courts, Substantive Rights, And Remedies For Government Misconduct, David A. Case

Northern Illinois University Law Review

This article argues that Article I courts can use equitable principles to provide individuals who have been victimized by corrupt behavior of government attorneys with a remedy. Article III courts have struggled to define the powers of Article I courts in a way that does not do violence to the petition clause, the appropriations clause, or the takings clause, sometimes concluding that petitioners were entitled to no relief when the government had violated some right of the petitioners. After tracing the development of claims against the government in general, and in the extant Article I courts, the article employs Professors …

How We Got Where We Are: A Look At Informed Consent In Colorado--Past, Present, And Future, R. Jason Richards

Northern Illinois University Law Review

This article examines the historical development of the doctrine of informed consent in this country, paying specific attention to its evolution in Colorado. In doing so, the author examines the two theories of patient disclosure that have emerged over time-the "professional standard" and the "reasonable patient standard." The article analyzes the legal and practical justifications of each approach in light of the contemporary doctor/patient relationship and concludes that the best way to protect patient autonomy rests with in- formed decision-making, which can only be accomplished by adopting the reasonable patient standard of disclosure in Colorado.

The Federal Common Law Of Foreign Relations, Joel M.L. Huotari

Northern Illinois University Law Review

This comment asserts that mere foreign policy implications should not be enough to establish federal jurisdiction over the litigation of an otherwise exclusively state law claim, as some circuits have allowed. The Second, Fifth and Eleventh Circuits have allowed such state law claims to be removed to the federal courts. The Ninth Circuit, however, rejects the proposal that the federal courts are somehow better equipped to hear cases which implicate foreign policy concerns. Questions of foreign policy are generally not the subject matter of the judicial branch, but of the legislative and executive branches. Members of Congress and of the …

Vol. 26, No. 1, Fall 2005: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Picturing Terror: Derrida's Autoimmunity, W. J. T. Mitchell

Cardozo Law Review

No abstract provided.

Acknowledgments, R. Kennon Poteat

University of Richmond Law Review

No abstract provided.

Tribute To Judge Merhige, Orran L. Brown

University of Richmond Law Review

No abstract provided.

The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne

University of Richmond Law Review

No abstract provided.