Law Commons^™

Supreme Court Review: Legalistic Argle-Bargle, Molly Mcburney, Kristen Barnes, Bernadette Genetin, Wilson Huhn, William Jordan, Marge Koosed, Rich Lavoie, Brant Lee, Elizabeth Reilly, Bill Rich, Kalyani Robbins, Jeff Samuels, Tracy Thomas, Katharine Van Tassel

Katharine Van Tassel

No abstract provided.

Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

Sean Farhang

The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …

Keeping Up With New Legal Titles, Tina M. Brooks

Tina M. Brooks

In this book review, Tina M. Brooks discusses The Puzzle of Unanimity: Consensus on the United States Supreme Court by Pamela C. Corley, Amy Steigerwalt, and Artemus Ward.

How Far Out Of Step Is The Supreme Court Of The United States?, Brian Christopher Jones

Brian Christopher Jones

Gerry Bradley Was Quoted In The National Catholic Register Article Shock Scotus Decision Advances Same-Sex ‘Marriage’ On October 7., Gerard Bradley

Gerard V. Bradley

Gerry Bradley was quoted in the National Catholic Register article Shock SCOTUS Decision Advances Same-Sex ‘Marriage’ on October 7.

The Compromise Verdict: How The Court’S Resolution Of New Jersey V. Delaware Iii Implicitly Advanced Environmental Litigation, Joel M. Pratt

Joel M Pratt

New Jersey and Delaware have often fought over their territorial boundaries in the Delaware River. Three times, they have litigated cases in the Supreme Court under the Court’s original jurisdiction to hear cases or controversies between states. In 1905, a Compact negotiated by the states and confirmed by Congress settled the first case between the two states. The second case between the two states led the Supreme Court to issue a Decree confirming the boundaries of the two states. The third case, which began in 2005, asked the Court to decide the scope of each state’s power to regulate development …

The Limits Of The Supreme Court’S Technological Analogies, Mark Mckenna

Mark P. McKenna

Op-ed The Limits of the Supreme Court’s Technological Analogies published on Slate.com on June 26.

Mark Mckenna Quoted Forbes Article Aereo Loses Big As Supreme Court Calls It Equivalent To Cable Tv On June 25., Mark Mckenna

Mark P. McKenna

Mark McKenna quoted in Forbes article Aereo Loses Big As Supreme Court Calls It Equivalent To Cable TV on June 25. Mark McKenna of Notre Dame Law School wasn’t so sure, saying the decision might threaten cloud services that allow users to transmit copies of protected content to themselves. “I think Breyer meant here to distinguish Dropbox, where I might store copies I legitimately acquired, but I don’t think it’s much comfort since I only owned the first copy and Dropbox doesn’t really know if I owned it or not,” McKenna told me, via e-mail. “That’s the cloud companies’ concern …

Mark Mckenna Quoted In Cbs News Article Supreme Court Deals Severe Blow To Aereo On June 25., Mark Mckenna

Mark P. McKenna

Mark McKenna quoted in CBS News article Supreme Court deals severe blow to Aereo on June 25.

"The Supreme Court today found that Aereo is similar to cable companies and publicly performs copyrighted works when it re-transmits over-the-air signals to its customers," said University of Notre Dame law professor Mark McKenna.

Rick Garnett Publishes Op-Ed Piece In La Times "The Righteousness In Hobby Lobby's Cause", Richard Garnett

Richard W Garnett

Rick Garnett's op-ed in LA Times on the HHS mandate and religious liberty cases before the Supreme Court.