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Articles 1 - 10 of 10
Full-Text Articles in Law
Status Manipulation In Chae Chan Ping V. United States, Sam Erman
Status Manipulation In Chae Chan Ping V. United States, Sam Erman
Michigan Law Review
A Review of Chae Chan Ping v. United States. By Rose Cuison-Villazor in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 74, 84. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Eighty Years Of Federalism Forbearance: Rationing, Resignation, And The Rule Of Law, Gil Seinfeld
Eighty Years Of Federalism Forbearance: Rationing, Resignation, And The Rule Of Law, Gil Seinfeld
Reviews
Andrew Coan’s book, Rationing the Constitution, offers a novel account of the forces that drive Supreme Court decisions across a wide array of highly controversial, vitally important areas of law. The project is ambitious. It endeavors to improve our understanding of forces that constrain the form and, ultimately, the substance of our constitutional law along each of its major axes: federalism, the separation of powers, and individual rights. I think it succeeds. The book’s central claim—that familiar (but underexplored) institutional constraints and background norms sharply limit the range of choices available to the Court when it is called upon to …
Panel 2: Justice Kennedy's Prose — Style And Substance
Panel 2: Justice Kennedy's Prose — Style And Substance
Georgia State University Law Review
Moderator: Eric Segall
Panelists: Eric Berger, Michael Dorf, and Jamal Greene
The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro
The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro
Dickinson Law Review (2017-Present)
At Justice Neil Gorsuch’s confirmation hearing, then-Judge Gorsuch repeatedly insisted that judging involves no more than examining the legal materials—like statutes and precedents— and applying them to the facts of the case. There is, he emphasized, no room for a Justice’s “personal views,” and he refused even to state his agreement (or disagreement) with such iconic cases as Loving v. Virginia and Griswold v. Connecticut. Instead, then Judge Gorsuch reiterated only that they were precedents of the Court and thus entitled to respect. Frustrating as his answers may have been to some senators, however, they differed from answers given …
Justice Scalia's Bottom-Up Approach To Shaping The Law, Meghan J. Ryan
Justice Scalia's Bottom-Up Approach To Shaping The Law, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
Justice Antonin Scalia is among the most famous Supreme Court Justices in history. He is known for his originalism and conservative positions, as well as his witty and acerbic legal opinions. One of the reasons Justice Scalia's opinions are so memorable is his effective use of rhetorical devices, which convey colorful images and understandable ideas. One might expect that such powerful opinions would be effective in shaping the law, but Justice Scalia's judicial philosophy was often too conservative to persuade a majority of his fellow Justices on the Supreme Court. Further, his regular criticisms of his Supreme Court colleagues were …
Misplaced Modifiers - Say What, David Spratt
Misplaced Modifiers - Say What, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach
Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach
Michigan Law Review
A Review of The Supreme Court: Palladium: Of Freedom . By Alpheus T. Mason.
Schubert: Constitutional Politics, Schmidhauser: The Supreme Court, Mcclosky: The American Supreme Court, Paul G. Kauper
Schubert: Constitutional Politics, Schmidhauser: The Supreme Court, Mcclosky: The American Supreme Court, Paul G. Kauper
Michigan Law Review
A Review of Constitutional Politics. By Glendon A. Schubert., The Supreme Court. By John R. Schmidhauser., and The American Supreme Court. By Robert G. McCloskey.
Frank: Marble Palace. The Supreme Court In American Life, Earl Latham
Frank: Marble Palace. The Supreme Court In American Life, Earl Latham
Michigan Law Review
A Review of Marble Palace. The Supreme Court in American Life. By John P. Frank.
Schwartz: The Supreme Court: Constitutional Revolution In Retrospect, Paul G. Kauper
Schwartz: The Supreme Court: Constitutional Revolution In Retrospect, Paul G. Kauper
Michigan Law Review
A Review of The Supreme Court: Constitutional Revolution in Retrospect. By Bernard Schwartz.