Law Commons^™

The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski

Touro Law Review

No abstract provided.

Trump's Supreme Court, Alan E. Garfield

Alan E Garfield

No abstract provided.

Thoughts On The Relationship Between The Supreme Court And The Federal Circuit, Timothy B. Dyk

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Abuse Of Supreme Court Precedent: The "Historic Kinship", David W. Barnes

Chicago-Kent Journal of Intellectual Property

In Sony Corp. of America v. Universal City Studios, the Supreme Court applied a doctrine formulated for patent law to an issue arising in copyright law. The Court supplied a rationale for doing so by identifying a “historic kinship” between patent and copyright law based on fundamental goals of intellectual property law. The Court considered how the rationale applied in the particular factual context involved. The Court cautioned that the propriety of extending a doctrine developed in one intellectual property regime to another depends on the particular legal issue involved. Despite the importance of ensuring that new rules are …

Panel Discussion: Remembering Justice Scalia In Ip Cases, Graeme Dinwoodie

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Examining The Civil-Military Divide Through New (Institutional) Lenses: The Influence Of The Supreme Court, Allen Linken

Doctoral Dissertations

Civil-military relations have existed for as long as there has been a military, but only in the last sixty years has research in the field began to examine the relationships between civilian elites and the military. Who controls the military? What level of influence by the military is acceptable in a liberal society, such as the United States? What is the appropriate role of the military? Who serves in the military? What pattern of civil-military relations best ensures the effectiveness of the military instrument?

The study of these questions began with examining relationships between the military and the President, and …

Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford

Georgia State University Law Review

The Act expands the jurisdiction of the Georgia Court of Appeals and increases the number of Supreme Court Justices from seven to nine to alleviate the overly burdened Supreme Court of Georgia. The Supreme Court had exclusive appellate jurisdiction over cases involving title to land, wills, and divorce. The Act allows the Court of Appeals to hear appeals on these matters.

Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Christensen V. United States Of America (U.S. November 7, 2016) (No. 16-461)., Janet Moore

Faculty Articles and Other Publications

The jury is essential to our structure of government, available to criminal defendants as the final arbiter of guilt. As this Court has recognized time and again, the jury serves an important role both structurally within the balance of powers and as a check on governmental power, adding a layer of protection for individual defendants.

The rule applied by the Ninth Circuit and some other courts, allowing dismissal of a holdout juror if a judge sees no reasonable possibility that his view is connected to the merits of the case, threatens the fundamental role of the jury. In contrast to …

Speech And Strife, Robert L. Tsai

Robert L Tsai

The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …

Brief Of Interested Law Professors As Amici Curiae Supporting Petitioner, Edward A. Zelinsky

Amicus Briefs

Amici curiae are 14 professors of law who have devoted much of their teaching and research to the area of state taxes and the role of state tax policy in our federal system. The names and affiliations (for identification purposes only) of amici are included in an addendum to this brief. The amici are concerned with the effect of this Court’s dormant Commerce Clause jurisprudence on the development of fair and efficient state tax systems. No decision of this Court has had more effect on state sales and use tax systems than Quill Corporation v. North Dakota. We believe …

In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker

University of Richmond Law Review

No abstract provided.

Should We Presume State Protection?, James C. Hathaway, Audrey Macklin

Articles

Professors Hathaway and Macklin debate the legality of the “presumption of state protection” that the Supreme Court of Canada established as a matter of Canadian refugee law in the Ward decision. Professor Hathaway argues that this presumption should be rejected because it lacks a sound empirical basis and because it conflicts with the relatively low evidentiary threshold set by the Refugee Convention’s “well-founded fear” standard. Professor Macklin contends that the Ward presumption does not in and of itself impose an unduly onerous burden on claimants, and that much of the damage wrought by the presumption comes instead from misinterpretation and …

Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Bridgeman V. District Attorney For Suffolk District, 476 Mass. 298 (2016) (No. Sjc-12157)., Janet Moore

Faculty Articles and Other Publications

As the highest courts in Florida, Missouri, Michigan, New York, and Pennsylvania have demonstrated, systemic relief is necessary and appropriate to cure systemic failures that deny access to courts by imposing overwhelming demands on struggling public defense systems. Government misconduct created exactly that type of constitutional crisis by flooding the Commonwealth’s criminal legal system with 24,000 Dookhan cases. New revelations of even more corruption in the Commonwealth’s forensic sciences system are now anticipated to exacerbate that crisis by adding another 18,000 Farak wrongful-conviction cases. At the same time, the District Attorneys have undermined progress on fair, reliable case-by-case resolution of …

The Court-Packing Plan As Symptom, Casualty, And Cause Of Gridlock, Barry Cushman

Barry Cushman

This essay, prepared for the Notre Dame Law Review's Symposium, “The American Congress: Legal Implications of Gridlock,” considers three ways in which President Franklin D. Roosevelt’s 1937 Court-packing bill was related to the phenomenon of gridlock in the 1930s. First, as FDR's public remarks on the subject demonstrate, he believed that the early New Deal was a victim of partisan gridlock between the Democrat-controlled political branches and the Republican-controlled judiciary. Moreover, he did not believe that the impasse could be overcome through an amendment to the Constitution, for he regarded Article V's supermajority requirements as virtually encoding gridlock into the …

Fundamental Differences: How The Legal Lineage Of Obergefell Can Help Us Frame A Response To It, Donald Roth

Faculty Work Comprehensive List

No abstract provided.

The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith

University of Miami Race & Social Justice Law Review

No abstract provided.

Newsroom: Yelnosky On Ginsburg's Trump Comments 7/14/2016, Edward Fitzpatrick, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Make It Count: Your Vote Is Vital In Determining The Future Of The Supreme Court, Alan E. Garfield

Alan E Garfield

No abstract provided.

Brief Of Arbitration Professors As Amici Curiae In Support Of Respondents, At&T Mobility Llc V. Concepcion, 131 S.Ct. 1740 (Supreme Court Of The United States 2011) (No. 09-893), Karen H. Cross

Karen Halverson Cross

No abstract provided.

What’S So Special About Patent Law?, Michael Goodman

Fordham Intellectual Property, Media and Entertainment Law Journal

The widespread belief that patent law is special has shaped the development of patent law into one of the most specialized areas of the law today. The belief in patent law’s exceptionalism manifests itself as two related presumptions with respect to the judiciary: first, that generalist judges who do not have patent law expertise cannot effectively decide patent cases, and second, that judges can develop necessary expertise through repeated experience with patent cases. Congress showed that it acquiesced to both views when it created the Federal Circuit and the Patent Pilot Program. In recent years, however, the Supreme Court has …

Slides: Learning From Drought Crises In Federations: Principles, Indicators And Lessons Learned, Lucia De Stefano, Dustin Garrick, Daniel Connell

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenters:

Lucia De Stefano, Complutense Universidad de Madrid

Dustin Garrick, McMaster University/University of Oxford

Daniel Connell, Australia National University

27 slides

Slides: The São Francisco Water Basin - Brazil, Vanessa Empinotti

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Vanessa Empinotti, Federal University of ABC – UFABC, Brazil

20 slides

Law And Religion Collide: Supreme Court Punts High-Profile Case Concerning The Legality Of Ensuring Female Contraception Insurance In The Face Of Religious Objections, Alan E. Garfield

Alan E Garfield

No abstract provided.

Constitutional Personhood, Zoe Robinson

College of Law Faculty

Over the past decade, in a variety of high-profile cases, the Supreme Court has grappled with difficult questions as to the constitutional personhood of a variety of claimants. Of most note are the recent corporate constitutional personhood claims that the protections of the First Amendment Speech and Religion Clauses extend to corporate entities. Corporate constitutional personhood, however, is only a small slice of a broader constitutional question about who or what is entitled to claim the protection of any given constitutional right. Beyond corporations, courts are being asked to answer very real questions about a person’s constitutional status: Do aliens …

Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer

University of Richmond Law Review

Part I of this comment provides an overview of prevailing agency and judicial interpretations of unpaid internships. Part II describes recent internship litigation and the trend towards courts abandoning the Wage and Hour Division's six-factor test in favor of a more expansive primary beneficiary test. Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships. The Wage and Hour Division's six-factor test lacks the "force of law" and should not warrant un- due judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc." …

Glimpses Of Marshall In The Military, Kevin C. Walsh

University of Richmond Law Review

No abstract provided.

Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber

University of Richmond Law Review

No abstract provided.

The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger

University of Richmond Law Review

No abstract provided.

Introduction: Is The Supreme Court Failing At Its Job, Or Are We Failing At Ours?, Suzanna Sherry

Vanderbilt Law Review

It is a pleasure and a privilege to write an introduction to this Symposium celebrating Dean Erwin Chemerinsky's important new book, The Case Against the Supreme Court. Chemerinsky is one of the leading constitutional scholars of our time and a frequent advocate before the U.S. Supreme Court. If he thinks there is a case to be made against the Court, we should all take it very seriously indeed. Chemerinsky's thesis may be stated in a few sentences. The primary role of the Supreme Court, in his view, is to "protect the rights of minorities who cannot rely on the political …

Habeas Corpus And The Exceptions Clause : Exploring Intergenerational Institutional Struggle., Kevin Grout

College of Arts & Sciences Senior Honors Theses

No abstract provided.