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Full-Text Articles in Law

'It Wasn't Supposed To Be Easy': What The Founders Originally Intended For The Senate's 'Advice And Consent' Role For Supreme Court Confirmation Processes, Michael W. Wilt Nov 2019

'It Wasn't Supposed To Be Easy': What The Founders Originally Intended For The Senate's 'Advice And Consent' Role For Supreme Court Confirmation Processes, Michael W. Wilt

Channels: Where Disciplines Meet

The Founders exerted significant energy and passion in formulating the Appointments Clause, which greatly impacts the role of the Senate and the President in appointing Supreme Court Justices. The Founders, through their understanding of human nature, devised the power to be both a check by the U.S. Senate on the President's nomination, and a concurrent power through joint appointment authority. The Founders initially adopted the Senate election mode via state legislatures as a means of insulation from majoritarian passions of the people too. This paper seeks to understand the Founders envisioning for the Senate's 'Advice and Consent' role as it …


Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies Sep 2019

Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Pepperdine University School Of Law Legal Summaries, Analise Nuxoll Jun 2019

Pepperdine University School Of Law Legal Summaries, Analise Nuxoll

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Ann Hopkins Papers., Beth S. Harris Apr 2019

Ann Hopkins Papers., Beth S. Harris

Finding Aids: Guides to the Collections

This is a collection of personal and professional papers related to the Hopkins v. Price Waterhouse (Wash., D.C. Federal District Court) and Price Waterhouse v. Hopkins (U. S. Supreme Court) cases. The final decision capped a seven-year battle against Hopkins’ employer for gender discrimination and her final victory in 1990 helped to expand workplace discrimination laws to include gender stereotyping.

The collection date ranges from 1967-2001 and includes correspondence, court documents, materials related to the book So Ordered: Making Partner the Hard Way (University of Massachusetts Press, c1996), newspaper and periodical publications, photographs, and a scrapbook.

Additional personal correspondence (1965-1989) …


Supreme Court Reinforces Mandatory Detention Of Immigrants, Peter Margulies Mar 2019

Supreme Court Reinforces Mandatory Detention Of Immigrants, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The New Oral Argument: Justices As Advocates, Tonja Jacobi, Matthew Sag Jan 2019

The New Oral Argument: Justices As Advocates, Tonja Jacobi, Matthew Sag

Faculty Articles

This Article conducts a comprehensive empirical inquiry of fifty-five years of Supreme Court oral argument, showing that judicial activity has increased dramatically, in terms of words used, duration of speech, interruptions made, and comments proffered. The Court is asking no more questions of advocates; instead, the justices are providing conclusions and rebutting their colleagues. In addition, the justices direct more of their comments and questions to the side with whom they ultimately disagree. Furthermore, “losing” justices, be it ideological camps that are outnumbered on the Court or dissenters in specific cases, use oral arguments to push back against the dominant …


Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck Jan 2019

Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck

Touro Law Review

No abstract provided.


Can President Trump Become His Own Judge And Jury? A Legal Analysis Of President Trump's Amenability To Criminal Indictment And Ability To Self-Pardon, Nicolo A. Lozano Jan 2019

Can President Trump Become His Own Judge And Jury? A Legal Analysis Of President Trump's Amenability To Criminal Indictment And Ability To Self-Pardon, Nicolo A. Lozano

Nova Law Review

No abstract provided.


Human Rights Heroes: The Challengers Of Free Speech, Stephen Wermiel Jan 2019

Human Rights Heroes: The Challengers Of Free Speech, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

The U.S. Supreme Court's jurisprudence on freedom of speech and press spans little more than 100 years, during which justices from Oliver Wendell Holmes to John Roberts have weighed in on the development of the law. But perhaps more than in some other areas of constitu- tional law, the evolution and growth of free speech have required the courage, sacrifice, determination, and commitment of hundreds, maybe thousands, of litigants over the years who have waged heroic struggles for their rights.


What Would Justice Brennan Say To Justice Thomas, Stephen Wermiel Jan 2019

What Would Justice Brennan Say To Justice Thomas, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.