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Full-Text Articles in Law
Standing At The Crossroads: The Roberts Court In Historical Perspective, Maxwell L. Stearns
Standing At The Crossroads: The Roberts Court In Historical Perspective, Maxwell L. Stearns
Faculty Scholarship
After eleven years, the longest period in Supreme Court history with no change in membership, the Roberts Court commenced in the year 2005 with two new justices. John Roberts replaced William Rehnquist as the seventeenth Chief Justice and Samuel Alito replaced Sandra Day O’Connor as Associate Justice. The conventional wisdom suggests that on the nine-justice Supreme Court, these two appointments have produced a single-increment move, ideologically, to the right. The two Chief Justices occupy roughly the same ideological position. In contrast, whereas O’Connor was generally viewed as occupying the Court’s centrist, or median, position, Alito has instead continued to embrace …
Massachusetts V Epa: Escaping The Common Law's Growing Shadow, Robert V. Percival
Massachusetts V Epa: Escaping The Common Law's Growing Shadow, Robert V. Percival
Faculty Scholarship
In its first full Term with its newest member, the U.S. Supreme Court marched decidedly to the right with decisions narrowing abortion rights, striking down affirmative action programs, invalidating campaign finance regulations, and making it more difficult for victims of employment discrimination to seek redress. In the face of this rightward shift the most surprising decision of the Term was the Court’s embrace of claims that the U.S. Environmental Protection Agency (EPA) had acted unlawfully by refusing to use the Clean Air Act to combat climate change. In Massachusetts v EPA, the Court held that EPA had the authority to …