Courts Commons^™

Or Else: Statutes Without Sanctions And The Doctrine Of Meaningful Interpretation, Christian Davis

Washington and Lee Law Review Online

Mankind has been fashioning laws for millennia. And while the form and substance of laws vary widely across times and places, all laws are unified by a fundamental reality that transcends the particular legal and political institutions of the day. To put it simply: laws only work if someone is prepared to enforce them.

As arbiters of the American legal system, state and federal judges are aware that—in order for a law to have the conduct-influencing effect it was designed to have—it must be supported by some version of an “or else” clause, a punishment or penalty sufficient to dissuade …

The Judicial Police Power, Alice Ristroph

Villanova Law Review (1956 - )

No abstract provided.

Brief Of The American Immigration Lawyers Association And Immigration Law Scholars As Amici Curiae In Support Of Respondents, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by the American Immigration Lawyers Association and immigration law scholars in support of the respondents in Mullin v. Doe and Trump v. Miot before the Supreme Court of the United States. The brief argues that the Temporary Protected Status (TPS) statute strictly limits the Executive Branch's authority to terminate TPS designations and requires continuation of protection unless the statutory conditions justifying designation no longer exist. The amici further contend that TPS serves a critical humanitarian function by protecting individuals from removal, detention, and loss of work authorization while conditions in designated countries remain unsafe.

Evaluasi Terhadap Undang-Undang Pemilu Dan Peraturan Pelaksanaannya Kearah Penyempurnaan Sistim Pemilu, M. Riza Sihbudi

Jurnal Hukum & Pembangunan

Abstract

Should Judicial Opinions Be Read Like Statutes?, Margaret H. Lemos

Northwestern University Law Review

Should judicial opinions be interpreted with an eye to their purpose, context, or the intent of their authors, or should interpreters focus on the ordinary meaning of the text? Opinions present the same sorts of interpretive puzzles as other legal texts, and yet they have been omitted from the debates over interpretive methodology that dominate the fields of constitutional and statutory interpretation. The omission is no accident: the Supreme Court has stated repeatedly—and with increasing frequency in recent years—that judicial opinions are not to be read like statutes. Yet neither courts nor commentators have explained why the principles that ground …

The Ex Parte Young Cause Of Action: A Riddle, Wrapped In A Mystery, Inside An Enigma, Andrew S. Oldham, Adam I. Steene, John W. Tienken

Northwestern University Law Review

Ex parte Young ushered in a new era of the American judicial system. Most famously, the decision allowed plaintiffs, in certain circumstances, to sue state officials without having to worry about sovereign immunity. Young’s other holding, though perhaps lesser known, is no less important: individuals, the Supreme Court held, have an equitable cause of action to sue government officials for injunctive relief.

Even today, that second holding remains something of a riddle. Did this cause of action always exist in American law? Or was it an invention of the Young Court? And, at any rate, does the Ex parte …

Mister President & May It Please The Executive: Causal Barriers To Court-Packing, Mason Smith

Seaver College Research And Scholarly Achievement Symposium

As attacks on democracy have become increasingly ubiquitous, scholarship has begun to shed light on a common, effective, and inimical means of subverting governments accountable to the masses: court-packing. So, how can democracies prevent court-packing? Among many implicit causal theories taken from the extant research, which hasn’t directly tackled this problem, two seem the most plausible and ripe for analysis, suggesting that court-packing’s success turns on either the strength (i) of institutional constraints or (ii) of domestic judicial norms. To see which theory works better in practice, I use a narrowly tailored iteration of comparative process tracing, as it best …

Aspek Yuridis Pemutusan Hubungan Kerja Di Perusahaan Swasta, Abdul Bari Azed

Jurnal Hukum & Pembangunan

Abstract

Correcting Confusion Over Commandeering, Supremacy, And Preemption: A User’S Guide To Modern Federalism, Vikram David Amar

Pepperdine Law Review

Current disputes between state/local entities and the Trump administration, some of which build on flare-ups over the past few decades, place in sharp relief the key doctrinal features of modern federalism, many of which seem to confound the Supreme and lower courts, to say nothing of political actors and legal analysts. The mistakes being made run in both directions; sometimes states are wrongly confined, and in other episodes states are given (or are seeking) more than they are constitutionally due. In this Essay, I use several case studies—some from recent weeks or months and others from recent years or decades—to …

The Imperious Presidency: Brazen Power Plays And Executive Overreach, Daniel Farber

Pepperdine Law Review

The Trump Administration has been prone to brazen power plays. These actions have three basic characteristics: they are dramatic deviations from conventional governance, generating headlines and online clicks; their legal (and sometimes factual) foundations are tenuous; and they are potentially effective even if they are ultimately held lawful. This Essay analyzes this phenomenon. It argues that such power plays can be a rational strategy for a president under certain circumstances. Power plays can help dominate the news flow and energize the political base. They can also cause behavior shifts in their targets, even when litigation would be likely to overturn …

“The Future Of Executive Power”: An Overview, Robert J. Pushaw Jr.

Pepperdine Law Review

This symposium overview examines the rapid expansion of presidential power in the modern era, culminating in what the author and contributors describe as an unprecedented assertion of Article II authority during President Trump’s second term. It argues that the Constitution’s original separation-of-powers framework—designed to prioritize legislative authority and constrain the executive—has been inverted due to the growth of presidential control over foreign affairs, the administrative state, and policymaking. The article traces this shift through historical developments such as the New Deal, the rise of independent agencies, and the emergence of the “unitary executive” theory, while also analyzing recent Supreme Court …

Perang Irak- Iran Mengancam Keamanan Pelayaran Kapal Negara Netral, Rusdi Malik, S.H.

Jurnal Hukum & Pembangunan

Abstract

Advokat Dan Penegakan Hukum Dalam Perspektif Peradilan Pidana, Luhut M.P. Pangaribuan, S.H.

Jurnal Hukum & Pembangunan

Abstract

Fit To Be Tried By Jury, But Not To Be A Juror: The Dilemma Faced By “Adults” Under Age 21, Kenneth Bell

SLU Law Journal Online

This article, “A Time To Speak: A Lifer’s Assessment of the Sentence of Death by Imprisonment” appeared in the 2025 Special Edition of The Writer’s Block under the longer title, “A Time To Speak: A Lifer’s Assessment of the Sentence of Death by Imprisonment and the Application of Roper v. Simmons and Miller v. Alabama.”  It is a four part discussion of the nature and continued viability of the sentence of life without parole particularly the need to end the imposition of that sentence upon persons between the ages of eighteen and twenty-one, i.e., emerging adults. This shorter piece extends …

The Living Architecture Of Law, Joseph R. Goodwin

West Virginia Law Review

No abstract provided.

Reel It In: Untangling The Circuit Split On The Constitutionality Of Geofence Warrants Under The Fourth Amendment, Kate P. Risser

Washington and Lee Journal of Civil Rights and Social Justice

This Note examines geofence warrants and their ongoing threat to constitutionally protected rights such as privacy, speech, and assembly. Part I will provide background information on geofence warrants and examine the prominent justifications for the use of the warrants. Part II will examine how law enforcement’s use of geofence warrants threatens citizens’ constitutionally protected fundamental rights like privacy and reproductive rights. Specifically, Part II addresses how geofence warrants disproportionately target and affect women, people of color, and low-income individuals. Part III will detail the history of the Fourth Amendment tracing its roots to before the Founding Era then exploring applicable …

A “Consistent And Ongoing” Right: The Sixth Amendment Right To Counsel At Initial Bail Hearings, Gemma Sunnergren

Cardozo Law Review

Despite the potentially devastating consequences of pretrial incarceration and the complexity of modern bail applications, many individuals charged with crimes across the country are not appointed counsel to guide them through their bail hearings. Traditionally, application of the Sixth Amendment’s right to counsel in various pretrial proceedings has been evaluated under the “critical stage” framework, finding defense counsel necessary when a proceeding puts one’s trial rights at risk or is sufficiently trial-like—i.e., adversarial and requiring complex legal arguments. In the absence of a clear Supreme Court ruling, states have been left to conduct their own analysis, with many declining to …

Article Iii's Constraints On The Legislative Power, Elizabeth Beske

Scholarly Articles in Law Reviews & Journals

Article III’s heightened concreteness standard for statutory harms takes federal judges deep into legislative terrain, jeopardizing statutory damage provisions and confining Congress to post hoc solutions rather than preemptive strikes. The Supreme Court has insisted that creating a cause of action is a legislative function. At the same time, its recent standing cases instruct lower federal courts to permit suit on statutory injuries only when they find actual harm that bears a tight connection to injuries recognized at common law. This new harm requirement rests uneasily with countless statutes featuring statutory damage provisions that are in place precisely because damages …

Article Iii's Constraints On The Legislative Power, Elizabeth Earle Beske

William & Mary Law Review

Article III’s heightened concreteness standard for statutory harms takes federal judges deep into legislative terrain, jeopardizing statutory damage provisions and confining Congress to post hoc solutions rather than preemptive strikes. The Supreme Court has insisted that creating a cause of action is a legislative function. At the same time, its recent standing cases instruct lower federal courts to permit suit on statutory injuries only when they find actual harm that bears a tight connection to injuries recognized at common law. This new harm requirement rests uneasily with countless statutes featuring statutory damage provisions that are in place precisely because damages …

Ibu Kota Nusantara Sebagai Daerah Khusus Berdasarkan Desentralisasi Asimetris, Krisna Bagas Purwopangestu, Sri Wahyuningsih

Jurnal Hukum & Pembangunan

This research examines the legal issue concerning the administration of regional government in Nusantara Capital City (IKN) which has been consider by some scholars as demonstrating deviations from the principle of decentralization. This research takes a position contrary to the mainstream legal discourse that argues there is a conceptual deviation in the model of regional governance in IKN. This research is normative legal research employing a conceptual approach and statutory approach with data collected through library research. This research argues that the administration of regional government in IKN does not indicate any deviation from the principle of decentralization. IKN is …

U.S. Trade Law And Policy At A Crossroads, John K. Veroneau

Maine Law Review

The past decade has witnessed significant changes in U.S. international trade policy. In his first presidential term, Donald J. Trump moved the United States away from long-standing policies of lowering trade barriers to facilitate global commerce and replaced them with a more restrictive version not seen since the early twentieth century. President Trump's more trade-restrictive policies were largely extended by his successor, President Joseph R. Biden. The first year of President Trump's second term has indicated a strong desire to restrict imports further in an attempt to create U.S. manufacturing jobs and reduce reliance on Chinese imports. This Article seeks …

Berbagai Masalah Hukum Bersangkutan Dengan Rumah Susun Dan Pemilikan Satuan Rumah Susun, Prof. Boedi Harsono, S.H.

Jurnal Hukum & Pembangunan

Abstract

Brief Of Amici Curiae Immigration Law Professors In Support Of Respondent, Peter L. Markowitz, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by immigration law professors in support of the respondent in Bondi v. Lau before the Supreme Court of the United States. The brief argues that lawful permanent residents returning from travel abroad may not be treated as seeking admission unless they satisfy the statutory criteria set forth in the Immigration and Nationality Act. It further contends that ambiguities in deportation statutes should be resolved in favor of noncitizens under the longstanding immigration rule of lenity.

Brief For Amici Curiae Immigration Law Scholars In Support Of Petitioners-Appellees' Petition For Rehearing En Banc, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by immigration law scholars, including Cardozo School of Law Professor Lindsay Nash, in Buenrostro-Mendez v. Bondi and Covarrubias v. Vergara before the U.S. Court of Appeals for the Fifth Circuit. The brief supports rehearing en banc and argues that 8 U.S.C. § 1225(b)(2)(A) does not authorize mandatory, no-bond detention of noncitizens apprehended within the interior of the United States. Drawing on statutory text, legislative history, and the historical development of immigration detention, the amici contend that such detention authority has historically been limited to individuals seeking admission at the border.

Does Textualism Constrain Supreme Court Justices?, James J. Brudney, Lawrence Baum

Northwestern University Law Review

A principal justification for textualism is the constraint hypothesis. Conservative Justices and leading textualist scholars contend that—in stark contrast to reliance on legislative history—focus on the ordinary meaning of enacted text leaves little room for the Justices to be policy-oriented or ideological in their interpretations. This Article represents the first systematic study probing the validity of the constraint hypothesis, one that employs both quantitative and qualitative analysis.

The Article examines the Justices’ reliance on interpretive resources in over 660 statutory decisions in the field of labor and employment, decided by the Burger Court, the Rehnquist Court, and the Roberts Court—during …

The Vanishing Enforcer: Consumer Protection In An Era Of Dual Retrenchment, Alisher Juzgenbayev

Northwestern University Law Review

Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the White House, have significantly weakened administrative agencies. This administrative retrenchment is concerning as private enforcement of a number of consumer protection statutes has been simultaneously curtailed through the Supreme Court’s decisions in Spokeo, Inc. v. Robins and TransUnion LLC v. Ramirez, which dramatically narrowed plaintiffs’ standing. These decisions rely in part on a vision of strong executive authority, positing that broad private standing conflicts with an Article II framework where a politically accountable President faithfully implements laws …

Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Menanti Janji Mpr, Ujang Bahar, S.H.

Jurnal Hukum & Pembangunan

Abstract

Brief Of First Amendment Scholars As Amici Curiae Supporting Petitioner, Joseph M. Terry, Stephen J. Fuzesi, James N. Sasso, Langston E. Ward, Richard W. Garnett

Court Briefs

No. 25-927
Richard Lowery v. Lillian Mills

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

From the Summary of Argument

The suppression of constitutionally protected speech violates the First Amendment. A speaker need not be punished to be able to state a cause of action if the government has suppressed or threatens to suppress his or her speech through other means. This Court, across decades, and in a range of contexts, repeatedly has reaffirmed that principle. It has done so in cases affirming that a party may challenge a criminal statute …