Courts Commons^™

Surgeons Or Scribes? The Role Of United States Court Of Appeals Law Clerks In "Appellate Triage", Todd C. Peppers, Micheal W. Giles, Bridget Tainer-Parkins

Marquette Law Review

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Diversity And Supreme Court Law Clerks, Tony Mauro

Marquette Law Review

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Justice Brennan And His Law Clerks, Stephen Wermiel

Marquette Law Review

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Supreme Court Clerks As Judicial Actors And As Sources, Scott Armstrong

Marquette Law Review

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Panel Discussion: Judges' Perspectives On Law Clerk Hiring, Utilization, And Influence, David R. Stras, Diane S. Sykes, James A. Wynn Jr.

Marquette Law Review

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Hiring Supreme Court Law Clerks: Probing The Ideological Linkage Between Judges And Justices, Lawrence Baum

Marquette Law Review

Since the 1970s, the overwhelming majority of Supreme Court law clerks have had prior experience clerking in lower courts, primarily the federal courts of appeals. Throughout that period, there has been a tendency for Justices to take clerks from lower court judges who share the Justices’ ideological tendencies, in what can be called an ideological linkage between judges and Justices in the selection of law clerks. However, that tendency became considerably stronger between the 1970s and 1990s, and it has remained very strong since the 1990s.

This Article probes the sources of that alteration in the Justices’ selection of law …

Advice From The Bench (Memo): Clerk Influence On Supreme Court Oral Arguments, Timothy R. Johnson, David R. Stras, Ryan C. Black

Marquette Law Review

Scholars of the U.S. Supreme Court have long debated the role, and possible influence, of clerks on the decisions their Justices make. In this Paper, we take a novel approach to analyze this phenomenon. We utilize pre-oral argument bench memos sent to Justice Harry A. Blackmun from his clerks. Specifically, we use these memos to determine whether Justice Blackmun asked questions of counsel that were recommended by his clerks in the memos. Our data indicate Justice Blackmun often followed his clerks’ advice. Accordingly, we provide another important link to demonstrate Supreme Court clerks can and do affect how their Justices …

Keynote Address: Secret Agents: Using Law Clerks Effectively, David R. Stras

Marquette Law Review

Recent scholarship discusses the role of law clerks and their role in influencing the courts on which they work. This Keynote Address discusses the nuts and bolts of law clerks, including how they are selected, what role they play on various courts, and their potential opportunities for influence.

All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez

Georgia Journal of International & Comparative Law

No abstract provided.

53rd Henry J. Miller Distinguished Lecture Series, The Hon. Justice John Paul Stevens

Georgia State University Law Review

Remarks by the Honorable John Paul Stevens, Retired Associate Justice of the Supreme Court of the United States, at the 53rd Henry J. Miller Distinguished Lecture Series.

Unauthorized Practice Of Law And Meaningful Access To The Courts: Is Law Too Important To Be Left To Lawyers?, Matthew Longobardi

Cardozo Law Review

No abstract provided.

Courtroom Technology, Jessica Moyeda

Cornell Law School J.D. Student Research Papers

Courtroom technology, like all technology, will continue to change and, hopefully, improve. Technology can be an amazingly helpful resource, but it is only a tool. As lawyers develop and adapt to changes in technology, they must also remember to make efficient and effective use of these tools, to acquire the necessary training, and remember their obligation to the client.

Clapper V. Amnesty International: Two Or Three Competing Philosophies Of Standing Law?, Bradford C. Mank

Tennessee Law Review

In its 2013 decision Clapper v. Amnesty International, the United States Supreme Court invoked separation-of-powers principles by holding that public interest groups alleging that the Government was spying on their foreign clients failed to demonstrate Article III standing because they could not prove that the future surveillance injury that they purportedly feared was "certainly impending." Justice Breyer's dissenting opinion argued that "commonsense" suggested that the Government was spying on the plaintiffs' foreign clients and proposed a "reasonable" or "high" probability standing test. Implicitly, the Clapper decision also presented a third approach to standing decisions. In footnote 5 of the opinion, …

A Primer On Professionalism For Doctrinal Professors, Paula Schaefer

Tennessee Law Review

No abstract provided.

Resistance By Inferior Courts To Supreme Court's Second Amendment Decisions, Alice Marie Beard

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Buying The American Dream: Using Immigration Law To Bolster The Housing Market, Kit Johnson

Tennessee Law Review

Escaping notice in debate about immigration reform is a proposal that would give residency visas to foreign nationals on the condition that they buy an expensive home. Proponents see visas as a simple way to shore up the U.S. housing market. Yet complications abound. This Article scrutinizes the history, logic, economics, and morals of the proposed homebuyer visa, as well as its intersection with state laws that restrict foreign ownership of land.

Table Of Cases

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

The Curious Case Of The Secondary Market With Respect To Investor Protection, Adi Osovsky

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Could Windsor Revive Federalism? The States' Right To Protect Citizens Following Doma's Demise, Mark A. Fulks, Ronald S. Range Iii

Tennessee Law Review

The United States Supreme Court's decision in United States v. Windsor was perhaps the most anticipated decision of the October 2012 Term. By invalidating the Defense of Marriage Act (DOMA), the Court settled one hotly debated issue. But the Court's rationale gives rise to a litany of questions. Under the rubric of the Fifth Amendment, the Court invalidated a federal statute that denied certain citizens the right to liberty, which was rooted in the state's definition of marriage, and the equal dignity the state sought to protect. In doing so, the Court announced a new test to determine where supreme …

Criminal Procedure-Capital Punishment-Motions To Reopen Petitions For Post-Conviction Relief, Jacob Spangler

Tennessee Law Review

No abstract provided.

Second Amendment Realism, David Wolitz

Tennessee Law Review

No abstract provided.

The 1st Amendment, 2nd Amendment, And 3d Printed Guns, Josh Blackman

Tennessee Law Review

We are standing at the dawn of the next great industrial revolution. With 3D printers people can print an infinite number of personalized and customized "things." However, one manifestation of this bold new technology threatens to cast a specter on innovation: 3D printed guns. This Article explores how efforts to regulate, or even ban 3D guns, must satisfy constitutional scrutiny under both the First and Second Amendments.

The Second Amendment right to keep and bear arms includes a subsidiary right to acquire arms-what else are you going to keep and bear-which covers both the buyer, and seller in the transaction. …

Anti-Evasion Doctrines And The Second Amendment, Brannon P. Denning

Tennessee Law Review

No abstract provided.

The Empire Strikes Back: The District Of Columbia's Post-Heller Firearm Registration System, Stephen P. Halbrook

Tennessee Law Review

No abstract provided.

The Second Amendment Wild Card: The Persisting Relevance Of The "Hybrid" Interpretation Of The Right To Keep And Bear Arms, Michael P. O'Shea

Tennessee Law Review

No abstract provided.

Constitutional Trespass, Laurent Sacharoff

Tennessee Law Review

The Supreme Court has recently created a trespass test for Fourth Amendment searches without explaining what type of trespass it envisions-one based on the common law of 1791, on the specific trespass law of the state where the search occurred, or on some other trespass principles. Indeed Florida v. Jardines, decided in 2013, raises the question whether the Court has created a trespass test at all, a seeming turnabout that largely recapitulates the Court's 125- year history of confusion in which it has embraced, rejected, or simply ignored trespass as a test from era to era or even year to …

Subject Index

Tennessee Law Review

No abstract provided.