Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (236)
- Supreme Court of the United States (210)
- Constitutional Law (176)
- Jurisprudence (95)
- Legal History (63)
-
- Law and Politics (52)
- State and Local Government Law (41)
- Criminal Procedure (38)
- Civil Rights and Discrimination (35)
- Criminal Law (34)
- Social and Behavioral Sciences (34)
- Legal Biography (32)
- Law and Society (31)
- First Amendment (28)
- Legal Profession (25)
- Fourteenth Amendment (24)
- Jurisdiction (24)
- Political Science (24)
- President/Executive Department (23)
- Law and Gender (20)
- Civil Procedure (18)
- Legal Ethics and Professional Responsibility (18)
- Legal Writing and Research (18)
- Legislation (18)
- Fourth Amendment (16)
- Administrative Law (15)
- Litigation (15)
- Rule of Law (15)
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (93)
- Georgetown University Law Center (46)
- Maurer School of Law: Indiana University (37)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (21)
- Pepperdine University (20)
-
- University of Richmond (15)
- American University Washington College of Law (14)
- New York Law School (14)
- Santa Clara Law (12)
- Emory University School of Law (11)
- Fordham Law School (9)
- Boston University School of Law (8)
- Pace University (8)
- Washington University in St. Louis (8)
- Columbia Law School (7)
- Duke Law (7)
- Roger Williams University (7)
- Texas A&M University School of Law (7)
- Penn State Dickinson Law (6)
- Seattle University School of Law (6)
- The University of Akron (6)
- University of Georgia School of Law (6)
- Marquette University Law School (5)
- St. Mary's University (5)
- Vanderbilt University Law School (4)
- BLR (3)
- Chapman University (3)
- Chicago-Kent College of Law (3)
- Liberty University (3)
- Northwestern Pritzker School of Law (3)
- Publication Year
- Publication
-
- Touro Law Review (87)
- Faculty Scholarship (39)
- Indiana Law Journal (29)
- Nevada Law Journal (20)
- Pepperdine Law Review (19)
-
- Georgetown Law Faculty Publications and Other Works (18)
- Supreme Court Overviews (18)
- Faculty Articles (13)
- Historical and Topical Legal Documents (12)
- SCI Papers & Reports (10)
- University of Richmond Law Review (9)
- Scholarly Works (8)
- Scholarship@WashULaw (8)
- Law Faculty Publications (7)
- Scholarly Articles in Law Reviews & Journals (6)
- Seattle University Law Review (6)
- All Faculty Scholarship (5)
- Articles by Maurer Faculty (5)
- Dickinson Law Review (2017-Present) (5)
- Life of the Law School (1993- ) (5)
- Marquette Law Review (5)
- NYLS Law Review (5)
- American University Law Review (4)
- Articles & Chapters (4)
- Elisabeth Haub School of Law Faculty Publications (4)
- Faculty Publications (4)
- Akron Law Review (3)
- ExpressO (3)
- Other Publications (3)
- Pace Law Review (3)
- Publication Type
Articles 361 - 390 of 457
Full-Text Articles in Judges
Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait
Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait
Touro Law Review
No abstract provided.
The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor
The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
For over one hundred years, scholars have closely studied the handful of cases in which state courts, in the years before the Federal Constitutional Convention, confronted the question whether they had the power to declare laws invalid. Interest in these early cases began in the late nineteenth century as one aspect of the larger debate about the legitimacy of judicial review, a debate triggered by the increasing frequency with which the Supreme Court and state courts were invalidating economic and social legislation. The lawyers, political scientists, and historians who initially unearthed the case law from the 1770s and 1780s used …
Thurgood Marshall: The Lawyer As Judge, Bennett L. Gershman
Thurgood Marshall: The Lawyer As Judge, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
When Thurgood Marshall took the Oath in 1967, it was the twilight of one of the Court's most brilliant periods: the Warren Court's revolution of criminal and racial justice. He was a part of that alliance for two Terms. When a new Court, and new alliances, moved the Court into the dark shadows, he and his closest colleague, William Brennan, Jr., held staunchly to their vision of the Court's historic function “to be watchful for the constitutional rights of the citizen, and against any stealthy encroachment thereon.” He remained faithful to that vision to the end when, as a lone …
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Faculty Scholarship
Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …
Prospective Overruling And The Revival Of ‘Unconstitutional' Statutes, William Michael Treanor, Gene B. Sperling
Prospective Overruling And The Revival Of ‘Unconstitutional' Statutes, William Michael Treanor, Gene B. Sperling
Georgetown Law Faculty Publications and Other Works
The Supreme Court's decision in Planned Parenthood v. Casey reshaped the law of abortion in this country. The Court overturned two of its previous decisions invalidating state restrictions on abortions, Thornburgh v. American College of Obstetricians and Gynecologists and Akron v. Akron Center for Reproductive Health, and it abandoned the trimester analytic framework established in Roe v. Wade. At the time Casey was handed down, twenty states had restrictive abortion statutes on the books that were in conflict with Akron or Thornburgh and which were unenforced. In six of these states, courts had held the statutes unconstitutional. Almost …
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
Touro Law Review
No abstract provided.
Letter To Rjm From Craig Isaacs, Criag Isaacs
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Touro Law Review
No abstract provided.
Introductory Remarks: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, William Michael Treanor
Introductory Remarks: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
This issue of the Fordham Law Review presents Fordham Law School's tribute to one of the giants of American law and American history on the occasion of his retirement from the Supreme Court, Justice Thurgood Marshall. Because he decided to make the law his career and because of the way in which he pursued that career, the United States today is a remarkably different place than it was in 1933 when he began practice, and ours is a far more just society.
Justice Marshall made history repeatedly--as Chief Counsel of the NAACP Legal Defense Fund, as Judge of the United …
Thurgood Marshall: Courageous Advocate, Compassionate Judge, Susan Low Bloch
Thurgood Marshall: Courageous Advocate, Compassionate Judge, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
Thurgood Marshall's life has spanned virtually the entire twentieth century, allowing him to witness its worst and its best. When he was born in 1908, segregation was legal and pervasive, and racial hatred extreme; in the year of his birth alone, eighty-nine black men were lynched. A grandson of slaves on both sides of his family, Marshall knew, from an early age, both the ugliness and the tenacity of racism. Determined to fight it, Marshall disregarded the difficulties and the dangers, and spent his life battling discrimination, earning the nickname "Mr. Civil Rights." His efforts, coupled with those of others …
Freedom Of Speech And The Press
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
All Faculty Scholarship
During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.
Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal …
Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman
Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The enduring strength of Justice William J. Brennan Jr.'s constitutional vision is a tribute to his extraordinary scholarship and powerful logic. His opinions will be studied, cited, and honored for generations for their immense contribution to the constitutional protection of individual rights. But there is a further dimension to his jurisprudence that has always struck me - the moral force of his language. Justice Brennan's eloquent, passionate, and compassionate prose constantly exhorts us to a higher moral plane. To the disadvantaged, the accused, the dissident, and the condemned, Justice Brennan's words are a timeless anthem of sustenance and hope.
Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein
Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
It is a special privilege, and a personal joy, for me to have the opportunity to contribute a piece honoring such a revered figure. I make no claim to scholarly objectivity. My premise is simple: William J. Brennan has given us a legacy of first amendment decisions, concurrences, and dissents that reflect great honor on the jurist. My portion of this Festschrift provides selected examples of Justice Brennan's contribution, and concludes by thanking him for serving, through his opinions, as a mentor for me throughout my career as a teacher of constitutional law.
Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56
Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56
Endowed/named Lectures and Keynote Addresses
No abstract provided.
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.