Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (3)
- Public Law and Legal Theory (3)
- Arts and Humanities (2)
- Jurisprudence (2)
- Legislation (2)
-
- Administrative Law (1)
- Civil Rights and Discrimination (1)
- Family Law (1)
- Family, Life Course, and Society (1)
- First Amendment (1)
- History (1)
- Judges (1)
- Law and Philosophy (1)
- Law and Race (1)
- Law and Society (1)
- Legal (1)
- Legal History (1)
- Philosophy (1)
- Philosophy of Language (1)
- Religion Law (1)
- Sexuality and the Law (1)
- Social and Behavioral Sciences (1)
- Sociology (1)
- United States History (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Applying Strict Scrutiny: An Empirical Analysis Of Free Exercise Cases, Caleb C. Wolanek, Heidi H. Liu
Applying Strict Scrutiny: An Empirical Analysis Of Free Exercise Cases, Caleb C. Wolanek, Heidi H. Liu
All Faculty Scholarship
Strict scrutiny and the free exercise of religion have had an uneasy relationship in American jurisprudence. In this Article, we trace the history of strict scrutiny in free exercise cases and outline how it applies today. Then, using a unique dataset of cases from a 25-year period, we detail the characteristics of these cases. Finally, we discuss the implications for future cases. Our research indicates that even though claimants currently win a large percentage of cases, those victories might not be durable.
The Tragedy Of Justice Scalia, Mitchell N. Berman
The Tragedy Of Justice Scalia, Mitchell N. Berman
All Faculty Scholarship
Justice Antonin Scalia was, by the time of his death last February, the Supreme Court’s best known and most influential member. He was also its most polarizing, a jurist whom most students of American law either love or hate. This essay, styled as a twenty-year retrospective on A Matter of Interpretation, Scalia’s Tanner lectures on statutory and constitutional interpretation, aims to prod partisans on both sides of our central legal and political divisions to better appreciate at least some of what their opponents see—the other side of Scalia’s legacy. Along the way, it critically assesses Scalia’s particular brand of …
Chevron's Interstitial Steps, Cary Coglianese
Chevron's Interstitial Steps, Cary Coglianese
All Faculty Scholarship
The Chevron doctrine’s apparent simplicity has long captivated judges, lawyers, and scholars. According to the standard formulation, Chevron involves just two straightforward steps: (1) Is a statute clear? (2) If not, is the agency’s interpretation of the statute reasonable? Despite the influence of this two-step framework, Chevron has come under fire in recent years. Some critics bemoan what they perceive as the Supreme Court’s incoherent application of the Chevron framework over time. Others argue that Chevron’s second step, which calls for courts to defer to reasonable agency interpretations of ambiguous statutory provisions, amounts to an abdication of judicial responsibility. …
Intersectionality And The Constitution Of Family Status, Serena Mayeri
Intersectionality And The Constitution Of Family Status, Serena Mayeri
All Faculty Scholarship
Marital supremacy—the legal privileging of marriage—is, and always has been, deeply intertwined with inequalities of race, class, gender, and region. Many if not most of the plaintiffs who challenged legal discrimination based on family status in the 1960s and 1970s were impoverished women, men, and children of color who made constitutional equality claims. Yet the constitutional law of the family is largely silent about the status-based impact of laws that prefer marriage and disadvantage non-marital families. While some lower courts engaged with race-, sex-, and wealth-based discrimination arguments in family status cases, the Supreme Court largely avoided recognizing, much less …