Supreme Court of the United States Commons^™

Democracy In The Age Of Television, Theodore Y. Blumoff

Mercer Law Review

No abstract provided.

The Civil Rights Act Of 1991: A “Quota Bill,” A Codification Of Griggs, A Partial Return To Wards Cove, Or All Of The Above?, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Supreme Court Antitrust 1991-92: The Revenge Of The Amici, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

Search & Seizure

Touro Law Review

No abstract provided.

Search & Seizure

Touro Law Review

No abstract provided.

The Supreme Court As The Cheshire Cat: Escaping The Section 1983 Wonderland, Jose R. "Beto" Juarez

Faculty Scholarship

No abstract provided.

The Haitian Refugee Crisis: A Quest For Human Rights, Thomas David Jones

Michigan Journal of International Law

On June 14, 1993, the Vienna Conference on Human Rights, sponsored by the United Nations, commenced its opening session mired in controversy over the validity of a universal human rights doctrine. Many Third World or developing nations contended that Western norms of justice and fairness were not applicable to their societies. Thus, the developing nations articulated a culture-bound or relativistic concept of fundamental human rights. The developing nations' particularistic position was championed by such nations as China, Iran, Cuba, and Vietnam, signatories to the Bangkok Declaration of 1993. The Bangkok Declaration provides, inter alia, that though human rights are …

Specter Of A Lesbian Supreme Court Justice: Problems Of Identity In Lesbian Legal Theorizing, Ruthann Robson

St. Thomas Law Review

The specter of a lesbian Supreme Court Justice raises an issue that has troubled lesbian and political theory, the issue of identity politics. Any invocation of identity, political or otherwise, provokes postmodernist apprehension, an apprehension that has been particularly potent in sexual identities. Also as a sexual identity, lesbian identity evokes other postmodernist-influenced issues. Particularly problematic are lesbian identity's unintelligibility until claimed or avowed and lesbian identity's uncertain classification as an identity status or a sexual act. This Article will interrogate the predicaments posed by identity politics, including postmodernist questionings of identity and the identity/ activity dichotomy, concluding with some …

Family Values And The Supreme Court, 25 Conn. L. Rev. 427 (1993), Linda R. Crane

UIC Law Open Access Faculty Scholarship

No abstract provided.

State Interest Analysis And The Channeling Function, Carl E. Scheider

Book Chapters

In this article, I wish to criticize the narrowness of the Supreme Court's conception of the interests states may advance to justify statutes challenged on constitutional privacy grounds. I also wish to identify and describe one of the several state interests that not infrequently undergirds such legislation but that the Court has failed to understand.

Due Process

Touro Law Review

No abstract provided.

Self Incrimination

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

A Vigil For Thurgood Marshall, Eben Moglen

Faculty Scholarship

Three days after his death, on January 27th, Thurgood Marshall came to the Supreme Court, up the marble steps, for the last time. Congress had ordered Abraham Lincoln's catafalque brought to the Court, and on it the casket of Thurgood Marshall lay in state. His beloved Chief, Earl Warren, had been so honored in the Great Hall of the Court, and no one else. Congress made the right decision about the bier, and it spoke with the voice of the people: no other American, of any age, so deserved to lie where Lincoln slept.

To him, all day on Wednesday, …

Mr. Justice Frankfurter's Iconography Of Judging, Alfred S. Neely

Kentucky Law Journal

No abstract provided.

The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Judicial Deference To Administrative Agencies' Legal Interpretations After Lechmere, Inc. V. Nlrb, Susan K. Goplen

Washington Law Review

In Lechmere, Inc. v. NLRB, the Supreme Court held that when interpreting administrative statutes, the Court will defer to its own previous interpretations rather than defer to administrative agencies' interpretations of statutes. Thus, the Court determined that stare decisis is dominant over judicial deference to administrative agencies. The Court decided Lechmere, Inc. v. NLRB wrongly. The rationales for deference to agencies exist whether or not the courts have addressed the statute in question. Therefore, courts should apply the doctrine of judicial deference even when courts have previously interpreted a statute.

Shaw V. Reno: On The Borderline, Emily Calhoun

Publications

No abstract provided.

Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman

Publications

No abstract provided.

Disagreement And Interpretation, Robert F. Nagel

Publications

No abstract provided.

The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen

Articles & Chapters

The problem of refugees is a worldwide phenomenon. The

twentieth century has been called the century of refugees. Its

history is replete with mass displacements of peoples fleeing war,

political oppression, human rights deprivations or disasters of one

kind or another. Currently, there are about seventeen million refugees

around the world. The specter of masses of refugees huddled

at national boundaries seeking asylum is common to the experience

of many nations. The United States, being a nation of

immigrants and a land of opportunity, is certainly not immune

from such pressures, as most recently illustrated by the exodus of

the …

The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann

Faculty Scholarship

The right to choose abortion, although recently significantly curtailed from its original scope,' is a federally protected liberty interest of women, and is at least protected against the imposition of "undue burdens" by state and local government.² Some of the most serious threats to women's ability to choose abortion have come not from government regulation, but from private, national, organized efforts to prevent abortions. In addition to seeking change through the political system, some of these organizations, most notably Operation Rescue, have focused on the providers of abortion, and have attempted to prevent abortions by forcibly closing abortion clinics …

A Tribute To Thurgood Marshall, Peter N. Simon

Publications

No abstract provided.

Silence And The Word, Paul Campos

Publications

No abstract provided.

The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun

Publications

No abstract provided.

Advocacy And Scholarship, Paul F. Campos

Publications

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …

Peremptory Challenges: Free Strikes No More, H. Patrick Furman

Publications

No abstract provided.

The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch

American Indian Law Review

No abstract provided.

Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow

Articles

Professor Sager begins his very interesting paper by identifying what he considers a puzzling phenomenon: the Constitution, as interpreted by courts, is not coextensive with "political justice." "This moral shortfall," as he refers to it, represents not merely a failure of achievement, but a failure of aspiration: as customarily interpreted, the Constitution does not even address the full range of issues that are the subject of political justice. Sager regards that failure as surprising-so surprising that, in his words, it "begs for explanation."'