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Full-Text Articles in Supreme Court of the United States

The Green Costs Of Kelo: Economic Development Takings And Environmental Protection, Jonathan H. Adler, Ilya Somin Jan 2006

The Green Costs Of Kelo: Economic Development Takings And Environmental Protection, Jonathan H. Adler, Ilya Somin

Faculty Publications

The Supreme Court’s recent decision in Kelo v. City of New London has rekindled the debate over “economic development” takings—condemnations that transfer property from one private owner to another solely on the ground that doing so might improve the local economy or increase tax revenue. While such takings have been condemned by many commentators on both the right and the left, environmentalists have been notably absent among Kelo’s critics. Some environmentalists have even defended the Kelo decision and the use of eminent domain to spur private economic development. At the same time, scholarly commentary on Kelo and other economic …

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Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt Jan 2006

Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt

Other Publications

The Voting Rights Initiative ("VRI") at the University of Michigan Law School was created during the winter of 2005 to help inform [...] the debates that led to this latest congressional reauthorization and the legal challenge to it that is certain to follow. A cooperative research venture involving 100 students working under faculty direction set out to produce a detailed portrait of litigation brought since 1982 under Section 2. This Report evaluates the results of that survey. The comprehensive data set may be found in a searchable form at http://www.votingreport.org or http://www.sitemaker.umich.edu/votingrights. The aim of this report and the accompanying …

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Money As A "Specific" Remedy, Colleen P. Murphy Jan 2006

Money As A "Specific" Remedy, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

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Tiresias And The Justices: Using Information Markets To Predict Supreme Court Decisions, Miriam A. Cherry, Robert L. Rogers Jan 2006

Tiresias And The Justices: Using Information Markets To Predict Supreme Court Decisions, Miriam A. Cherry, Robert L. Rogers

All Faculty Scholarship

This Article applies the emerging field of information markets to the prediction of Supreme Court decisions. Information markets, which aggregate information from a wide array of participants, have proven highly accurate in other contexts such as predicting presidential elections. Yet never before have they been applied to the Supreme Court, and the field of predicting Supreme Court outcomes remains underdeveloped as a result. We believe that creating a Supreme Court information market, which we have named Tiresias after the mythological Greek seer, will produce remarkably accurate predictions, create significant monetary value for participants, provide guidance for lower courts, and advance …

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The Future Of The Lemon Test: A Sweeter Alternative For Establishment Clause Analysis, Marcia S. Alembik Jan 2006

The Future Of The Lemon Test: A Sweeter Alternative For Establishment Clause Analysis, Marcia S. Alembik

Georgia Law Review

For over three decades the Supreme Court has applied the three-pronged Lemon test to determine whether state actions violate the Establishment Clause. While the Lemon test remains the most widely accepted test for Establishment Clause analysis,the recent Supreme Court decisions of Van Orden v. Perry and McCreary County v. ACLU of Kentucky have highlighted the Court's ongoing unrest with its application. Although attempts at total replacement of the test have thus far proved unsuccessful, modifications and alternatives to the test and its individual prongs are continually introduced and applied. The Court's lack of a consistent, definite test for Establishment Clause …

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The Pragmatic Populism Of Justice Stevens's Free Speech Jurisprudence Symposium: The Jurisprudence Of Justice Stevens: Panel V: First Amendment/Voting Rights, Gregory P. Magarian Jan 2006

The Pragmatic Populism Of Justice Stevens's Free Speech Jurisprudence Symposium: The Jurisprudence Of Justice Stevens: Panel V: First Amendment/Voting Rights, Gregory P. Magarian

Scholarship@WashULaw

In his three decades on the Supreme Court, Justice John Paul Stevens has developed a distinctive approach to the First Amendment. During his tenure, the Court's majority has crystallized a theory of First Amendment speech protection as an abstract, negative protection of individual autonomy against government interference. In contrast, Justice Stevens' pragmatic judicial methodology has caused him to place greater emphasis on free speech decisions' practical consequences, particularly their effectiveness in making democratic debate inclusive as to both participants and subject matter in order to ensure robust, well-informed public discourse. Alone on the present Court, Justice Stevens manifests a deep …

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Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall Jan 2006

Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall

Faculty Scholarship

In a recent speech to the American Bar Association, Justice John Paul Stevens "issued an unusually stinging criticism of capital punishment." Although he "stopped short of calling for an end to the death penalty," Justice Stevens catalogued a number of its "'serious flaws,'" including several procedures that the full Court has reviewed and upheld over his dissent – selecting capital jurors in a manner that excludes those with qualms about the death penalty, permitting elected state judges to second-guess jurors when they decline to impose the death penalty, permitting states to premise death verdicts on "victim impact statements," tolerating sub-par …

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Jackson V. Birmingham Board Of Education: Title Ix's Implied Private Right Of Action For Retaliation, Elizabeth Mccuskey Jan 2006

Jackson V. Birmingham Board Of Education: Title Ix's Implied Private Right Of Action For Retaliation, Elizabeth Mccuskey

Faculty Scholarship

The Supreme Court has penned countless words about the sound of statutory silence.' On March 29, 2005, the Court once again grappled with the meaning of silence in a statute, splitting along familiar 5-4 lines in Jackson v. Birmingham Board of Education.2 When the dust cleared, a male coach of a high school girls' basketball team, who was fired in retaliation for protecting his players' Title IX3 rights, possessed a private right of action arising from the statute itself.4 Although the Court has retreated from its high-water mark of implying private rights of action,5 in …

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The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl Dec 2005

The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl

William & Mary Law Review

No abstract provided.

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Brown And Lawrence (And Goodridge), Michael J. Klarman Dec 2005

Brown And Lawrence (And Goodridge), Michael J. Klarman

Michigan Law Review

One year shy of the fiftieth anniversary of Brown v. Board of Education, the Justices issued another equality ruling that is likely to become a historical landmark. In Lawrence v. Texas, the Court invalidated a state law that criminalized same-sex sodomy. This article contrasts these historic rulings along several dimensions, with the aim of shedding light on how Supreme Court Justices decide cases and how Court decisions influence social reform movements. Part I juxtaposes Brown and Lawrence to illustrate how judicial decisionmaking often involves an uneasy reconciliation of traditional legal sources with broader social and political mores and …

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Putting Religious Symbolism In Context: A Linguistic Critique Of The Endorsement Test, B. Jessie Hill Dec 2005

Putting Religious Symbolism In Context: A Linguistic Critique Of The Endorsement Test, B. Jessie Hill

Michigan Law Review

The treatment of Establishment Clause challenges to displays of religious symbolism by the Supreme Court and the lower courts is notoriously unpredictable: a crèche is constitutionally acceptable if it is accompanied by a Santa Claus house and reindeer, a Christmas tree, and various circus figures, but unacceptable if it is accompanied by poinsettias, a "peace tree," or a wreath, a tree, and a plastic Santa Claus. A menorah may be displayed next to a Christmas tree, or next to Kwanzaa symbols, Santa Claus, and Frosty the Snowman, but not next to a crèche and a Christmas tree. A number of …

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Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt Dec 2005

Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt

Other Publications

This year marks the fortieth anniversary of one of the most remarkable and consequential pieces of congressional legislation ever enacted. The Voting Rights Act of 1965 ("the VRA") targeted massive disfranchisement of African-American citizens in numerous Southern states. It imposed measures drastic in scope and extraordinary in effect. The VRA eliminated the use of literacy tests and other "devices" that Southern jurisdictions had long employed to prevent black residents from registering and voting. The VRA imposed on these jurisdictions onerous obligations to prove to federal officials that proposed changes to their electoral system would not discriminate against minority voters. Resistance …

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Acknowledgments, R. Kennon Poteat Nov 2005

Acknowledgments, R. Kennon Poteat

University of Richmond Law Review

No abstract provided.

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The Rehnquist Court: Nineteen Years Of Tax Decisions, F. Ladson Boyle Oct 2005

The Rehnquist Court: Nineteen Years Of Tax Decisions, F. Ladson Boyle

Faculty Publications

No abstract provided.

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Go East, Young Lawyers: The Stanford Law School Supreme Court Litigation Clinic, Pamela S. Karlan, Thomas C. Goldstein Oct 2005

Go East, Young Lawyers: The Stanford Law School Supreme Court Litigation Clinic, Pamela S. Karlan, Thomas C. Goldstein

The Journal of Appellate Practice and Process

No abstract provided.

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Dress Rehearsal: The Moot Court Program At Georgetown Law Center's Supreme Court Institute, Gregory J. Langlois Oct 2005

Dress Rehearsal: The Moot Court Program At Georgetown Law Center's Supreme Court Institute, Gregory J. Langlois

The Journal of Appellate Practice and Process

No abstract provided.

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Preface, David C. Frederick Oct 2005

Preface, David C. Frederick

The Journal of Appellate Practice and Process

No abstract provided.

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Now And Then At The Supreme Court, Nancy Bellhouse May, Nancy May Oct 2005

Now And Then At The Supreme Court, Nancy Bellhouse May, Nancy May

The Journal of Appellate Practice and Process

No abstract provided.

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Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld Oct 2005

Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld

The Journal of Appellate Practice and Process

No abstract provided.

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Signatures Of Ideology: The Case Of The Supreme Court's Criminal Docket, Ward Farnsworth Oct 2005

Signatures Of Ideology: The Case Of The Supreme Court's Criminal Docket, Ward Farnsworth

Michigan Law Review

Everyone suspects that Supreme Court justices' own views of policy play a part in their decisions, but the size and nature of the part is a matter of vague impression and frequent dispute. Do their preferences exert some pressure at the margin or are they better viewed as the mainsprings of decision? The latter claim, identified with legal realism, has been lent some support by political scientists who point out that some justices regularly vote for or against certain kinds of claims (for example, under the Fourth Amendment), or that votes in some areas are broadly predictable according to a …

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Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Section 7: Criminal Procedure, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

Section 7: Criminal Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Section 10: Miscellaneous, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

Section 10: Miscellaneous, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Section 8: The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

Section 8: The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Section 9: Looking Ahead, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

Section 9: Looking Ahead, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Section 3: Confirmation Politics, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

Section 3: Confirmation Politics, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Section 2: The O'Connor Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

Section 2: The O'Connor Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Section 6: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

Section 6: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Section 5: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

Section 5: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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