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Articles 1 - 30 of 39
Full-Text Articles in Law
Analyzing The Roles Of Law And Politics In Judicial Decision Making: Predicting U.S. Supreme Court Justices’ Votes On A Case Of Affirmative Action, Ashley Renkor
The Eastern Illinois University Political Science Review
This study seeks to study relevant precedent cases concerning affirmative action, the 14th Amendment equal protection clause, the 5th Amendment equal protection clause, and the Civil Rights Act of 1964, with the goal of predicting how certain justices will vote in the affirmative action case, Fisher vs. the University of Texas at Austin. I conclude that justices will debate numerous aspects at play, such as original intent, plain meaning, precedent, policy preferences, public opinion, personal experience, the federal government, and interest groups in order to take positions in the Fisher case for the second time around with an intent …
Do Women Justices Matter?, Ashley Shula
Do Women Justices Matter?, Ashley Shula
The Eastern Illinois University Political Science Review
In recent years, women have started to have a considerable impact on the political process. While literature exists on women in Congress and in district court settings, little research exists on the role played by female Supreme Court Justices. The author attempts to shed light on the impact of female justices by assessing statements made by the justices, in addition to their voting records. The author finds that the new women Supreme Court Justices have had little impact so far, but offers that perhaps as time goes on, this will change.
Justice Blackmun And Individual Rights, Diane P. Wood
Justice Blackmun And Individual Rights, Diane P. Wood
Dickinson Law Review (2017-Present)
Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …
Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders, Pamela S. Karlan
Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders, Pamela S. Karlan
Dickinson Law Review (2017-Present)
No abstract provided.
Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore
Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore
Dickinson Law Review (2017-Present)
No abstract provided.
Lost At Sea: The Continuing Decline Of The Supreme Court In Admiralty, Michael Sevel
Lost At Sea: The Continuing Decline Of The Supreme Court In Admiralty, Michael Sevel
University of Miami Law Review
For the first 200 years of its history, the United States Supreme Court served as the primary leader in the development of, and its cases the primary source of, the admiralty and maritime law of the United States. That appears to be changing. The Court’s admiralty cases over the last quarter century indicate that it is slowly giving up its traditional leading role in creating and developing rules of admiralty law, and instead deferring to Congress to make those rules, a trend that is tantamount to abandoning its Article III constitutional duty to serve as the country’s only national admiralty …
Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich
Arbitration Law Review
No abstract provided.
Justice Scalia's Eighth Amendment Jurisprudence: An Unabashed Foe Of Criminal Defendants, Michael Vitiello
Justice Scalia's Eighth Amendment Jurisprudence: An Unabashed Foe Of Criminal Defendants, Michael Vitiello
Akron Law Review
Justice Scalia’s death has already produced a host of commentary on his career. Depending on the issue, Justice Scalia’s legacy is quite complicated. Justice Scalia’s commitment to originalism explains at least some of his pro-defendant positions. Some of his supporters point to such examples to support a claim that Justice Scalia was principled in his application of his jurisprudential philosophy. However, in one area, Justice Scalia was an unabashed foe of criminal defendants: his Eighth Amendment jurisprudential dealing with terms of imprisonment. There, based on his reading of the historical record, he argued that the Eighth Amendment’s prohibition against cruel …
When Is It Necessary For Corporations To Be Essentially At Home?: An Exploration Of Exceptional Cases, Priscilla Heinz
When Is It Necessary For Corporations To Be Essentially At Home?: An Exploration Of Exceptional Cases, Priscilla Heinz
University of Richmond Law Review
No abstract provided.
The Highest Court: A Dialogue Between Justice Louis Brandeis And Justice Antonin Scalia On Stare Decisis, P. Thomas Distanislao Iii
The Highest Court: A Dialogue Between Justice Louis Brandeis And Justice Antonin Scalia On Stare Decisis, P. Thomas Distanislao Iii
University of Richmond Law Review
No abstract provided.
Punishment Without Purpose: The Retributive And Utilitarian Failures Of The Child Pornography Non-Production Sentencing Guidelines, Brittany Lowe
Punishment Without Purpose: The Retributive And Utilitarian Failures Of The Child Pornography Non-Production Sentencing Guidelines, Brittany Lowe
Cleveland State Law Review
Pursuant to the Sentencing Reform Act of 1984, Congress established the U.S. Sentencing Commission to formulate an empirical set of federal sentencing Guidelines. With the U.S. Sentencing Guidelines, Congress intended to further the basic purposes of criminal punishment—deterrence, incapacitation, just punishment, and rehabilitation. Nevertheless, the Guidelines were instantaneously met with disapproval. Asserting that the mandatory Guidelines violated the Constitution, scholars and judges argued that the Commission usurped Congress’s role by prescribing punishments that were essentially binding law. In 2005, the Supreme Court held that the Guidelines were discretionary in United States v. Booker.
While this decision resolved many of …
The Replacements: Conflicting Standards For Obtaining New Counsel Under The Sixth Amendment, Sharon Finegan
The Replacements: Conflicting Standards For Obtaining New Counsel Under The Sixth Amendment, Sharon Finegan
Cleveland State Law Review
In 2006, the Supreme Court handed down a decision in United States v. Gonzalez-Lopez emphasizing the importance of a defendant’s right to counsel of choice under the Sixth Amendment and holding a denial of this right constitutes structural error, requiring automatic reversal. Following that decision, several federal circuit courts and state appellate courts have questioned how to apply this right to circumstances where the right to choice of counsel and the right to appointed counsel overlap. When a defendant seeks to replace retained counsel for appointed counsel, should the standard governing his motion fall under the right to choice of …
Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno
Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno
Public Land & Resources Law Review
A peat mining company will not be required to obtain a permit under the Clean Water Act to discharge dredged and fill material into wetlands. The United States District Court for the District of Minnesota held that the United States Army Corps of Engineers fell short in its attempts to establish jurisdiction over the wetlands by twice failing to show a significant nexus existed between the wetlands and navigable waters. Further, the district court enjoined the Corps from asserting jurisdiction a third time because it would force the mining company through a “never ending loop” of administrative law.
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
The Journal of Appellate Practice and Process
No abstract provided.
Quantifying The Contours Of Power: Chief Justice Roberts & Justice Kennedy In Criminal Justice Cases, Michael A. Mccall, Madhavi M. Mccall
Quantifying The Contours Of Power: Chief Justice Roberts & Justice Kennedy In Criminal Justice Cases, Michael A. Mccall, Madhavi M. Mccall
Pace Law Review
This Article seeks to contribute to the debate with an empirical analysis of voting behavior in criminal justice cases decided during the first ten Terms of the Roberts Court era. The following section presents the study’s case selection and introduces the types of measures used to illuminate influence on the High Court (Part II). Court- and individual-level tendencies (Part III) identify potential spheres of influence occupied by Chief Justice Roberts and Justice Kennedy. These bases of judicial power are examined separately in Part IV (Chief Justice Roberts) and Part V (Justice Kennedy). Some possible implications of Justice Scalia’s death on …
Elonis V. United States: Why The Supreme Court Punted On Free Speech, David Barney
Elonis V. United States: Why The Supreme Court Punted On Free Speech, David Barney
Pepperdine Law Review
In Elonis v. United States, 135 S. Ct. 2001 (2015), the Supreme Court had a chance to interpret the boundaries of a federal statute forbidding threats transmitted in interstate or foreign commerce and to consider the constitutional implications of regulating such threats. In its statutory analysis, the Court hesitated to declare how the law should be applied, and instead, only provided guidance as to how it should not be. It likewise refrained from any further analysis on constitutional grounds entirely. This contest winning student case note explores the opinion in depth and comments on its potential implications.
Justice Brandeis And Railroad Accidents: Fairness, Uniformity And Consistency, Larry Zacharias
Justice Brandeis And Railroad Accidents: Fairness, Uniformity And Consistency, Larry Zacharias
Touro Law Review
No abstract provided.
Louis Brandeis And Contemporary Antitrust Enforcement, Kenneth G. Elzinga, Micah Webber
Louis Brandeis And Contemporary Antitrust Enforcement, Kenneth G. Elzinga, Micah Webber
Touro Law Review
No abstract provided.
Spokeo Misspeaks, Lauren E. Willis
Spokeo Misspeaks, Lauren E. Willis
Loyola of Los Angeles Law Review
Most commentators have critiqued the Supreme Court’s opinion in Spokeo, Inc. v. Robins for failing to answer the question presented. But in important ways, the Spokeo opinion does not merely fail to speak—it affirmatively misspeaks. This essay suggests that underlying the Justices’ inability to see how standing law ought to apply to the facts in Spokeo is a failure to appreciate the power that consumer reports have over individuals’ life prospects today. Worse, the Justices’ unawareness of their own ignorance leads them to afford Congress little deference in identifying injuries occurring in our new information society. Their meta-ignorance also induces …
Justice Scalia, Originalism And Textualism, Thomas A. Schweitzer
Justice Scalia, Originalism And Textualism, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
Foreword To The Conference: Louis D. Brandeis: An Interdisciplinary Retrospective, Samuel J. Levine
Foreword To The Conference: Louis D. Brandeis: An Interdisciplinary Retrospective, Samuel J. Levine
Touro Law Review
On March 31-April 1, 2016, Touro Law Center and the Jewish Law Institute hosted a national conference: Louis D. Brandeis: An Interdisciplinary Retrospective. More than thirty judges, lawyers, and scholars, across a broad range of disciplines and hailing from across the United States, explored a variety of themes that included, among others: Brandeis’s groundbreaking work as a lawyer and a scholar; his commitment to his Jewish heritage; his historic appointment to the United States Supreme Court; and his jurisprudence on the Court. In addition to the timeless quality of these themes, the timing of the conference was significant, taking place …
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
Touro Law Review
No abstract provided.
Solving A Mystery: Justice Brandeis’ Approach To Judicial Decision-Making, Judge Kermit V. Lipez
Solving A Mystery: Justice Brandeis’ Approach To Judicial Decision-Making, Judge Kermit V. Lipez
Touro Law Review
No abstract provided.
Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein
Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein
Touro Law Review
No abstract provided.
The Continuing Vitality Of Louis D. Brandeis’S Free Expression Jurisprudence, Frederick M. Lawrence
The Continuing Vitality Of Louis D. Brandeis’S Free Expression Jurisprudence, Frederick M. Lawrence
Touro Law Review
No abstract provided.
Sunlight And Shadows: Louis D. Brandeis On Privacy, Publicity, And Free Expression In American Democracy, Erin Coyle
Sunlight And Shadows: Louis D. Brandeis On Privacy, Publicity, And Free Expression In American Democracy, Erin Coyle
Touro Law Review
No abstract provided.
Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow
Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow
Touro Law Review
No abstract provided.
Louis Brandeis’S Vision Of Light And Justice As Articulated On The Side Of A Coffee Mug, Randy Lee
Louis Brandeis’S Vision Of Light And Justice As Articulated On The Side Of A Coffee Mug, Randy Lee
Touro Law Review
No abstract provided.
A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis D. Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab
A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis D. Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab
Touro Law Review
No abstract provided.