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Full-Text Articles in Law
Dissenting From The Bench, Christine Venter
Dissenting From The Bench, Christine Venter
Journal Articles
This paper examines the oral dissents of Justices Antonin Scalia and Ruth Bader Ginsburg from the year 2000 to the times of their respective deaths. It explores the concept and purpose of oral dissent and details the kinds of cases in which each justice was more likely to orally dissent. The paper analyzes the kinds of rhetoric that each justice used to refer to their subject matter, and argues that Scalia's rhetoric evinces a view of the law as "autonomous", operating independently of the facts of the case. In contrast, Ginsburg's view espouses a view of the law as responsive …
Racial Revisionism, Shaun Ossei-Owusu
Racial Revisionism, Shaun Ossei-Owusu
All Faculty Scholarship
Review of Corey Robin, The Enigma of Clarence Thomas (New York: Metropolitan Books, 2019).
The Lost Promise Of Progressive Formalism, Andrea Scoseria Katz
The Lost Promise Of Progressive Formalism, Andrea Scoseria Katz
Scholarship@WashULaw
Today, any number of troubling government pathologies—a lawless presidency, a bloated and unaccountable administrative state, the growth of an activist bench—are associated with the emergence of a judicial philosophy that disregards the “plain meaning” of the Constitution for a loose, unprincipled “living constitutionalism.” Many trace its origins to the Progressive Era
(1890–1920), a time when Americans turned en masse to government as the solution to emerging problems of economic modernity—financial panics, industrial concentration, worsening workplace conditions, and skyrocketing unemployment and inequality—and, the argument goes, concocted a flexible, new constitutional philosophy to allow the federal government to take on vast, new …
Supreme Court Precedent And The Politics Of Repudiation, Robert L. Tsai
Supreme Court Precedent And The Politics Of Repudiation, Robert L. Tsai
Faculty Scholarship
This is an invited essay that will appear in a book titled "Law's Infamy," edited by Austin Sarat as part of the Amherst Series on Law, Jurisprudence, and Social Thought. Every legal order that aspires to be called just is held together by not only principles of justice but also archetypes of morally reprehensible outcomes, and villains as well as heroes. Chief Justice Roger Taney, who believed himself to be a hero solving the great moral question of slavery in the Dred Scott case, is today detested for trying to impose a racist, slaveholding vision of the Constitution upon America. …
Mirror, Mirror, On The Wall: Disney Princesses’ Reflections Of Equal Protection, Kermit Roosevelt Iii, Abigail Tootell
Mirror, Mirror, On The Wall: Disney Princesses’ Reflections Of Equal Protection, Kermit Roosevelt Iii, Abigail Tootell
All Faculty Scholarship
Constitutional doctrine and public opinion often move in tandem, particularly in the area of equal protection decisions. The Supreme Court tends to use the clause to invalidate unreasonable or oppressive discrimination, where what is unreasonable or oppressive is determined not by the values of 1868 but by those of contemporary America. This Article offers a microstudy in applied constitutional theory by juxtaposing the development of the Supreme Court's sex discrimination jurisprudence and the evolution of Disney Princesses. The analysis expands beyond confirming that prevailing cultural norms inform Supreme Court decisions; it also offers insight into the limitations of constitutional sex …
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Scholarly Works
No abstract provided.