Supreme Court of the United States Commons^™

Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar

Articles

On 15 February of this year, shortly after the number of people Dr. Jack Kevorkian had helped to commit suicide swelled to fifteen, the Michigan legislature passed a law, effective that very day, making assisted suicide a felony punishable by up to four years in prison. The law, which is automatically repealed six months after a newly established commission on death and dying recommends permanent legislation, prohibits anyone with knowledge that another person intends to commit suicide from "intentionally providing the physical means" by which the other person does so or from "intentionally participat[ing] in a physical act" by which …

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.

White V. Illinois: The Confrontation Clause And The Supreme Court's Preference For Out-Of-Court Statements, Nancy H. Baughan

Vanderbilt Law Review

The Confrontation Clause, found in the Sixth Amendment to the United States Constitution, provides criminal defendants with the right to confront adverse witnesses.' A literal interpretation of the Confrontation Clause would preclude courts from allowing the admission of all hearsay testimony. The Court has rejected this interpretation, noting that it would render meaningless every exception to the rule against hearsay. Although unwilling to hold that the Confrontation Clause mandates exclusion of all hearsay, the Court has found that the Clause requires the exclusion of some hearsay statements. The Supreme Court has struggled to define the relationship between the exceptions to …

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

Articles & Chapters

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 …

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.

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, …

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

American Indian Law Review

No abstract provided.

What He Was For, Eben Moglen

Faculty Scholarship

It will be said frequently in the years to come that an era in American history died when Thurgood Marshall left us. It will take some time for us to absorb the truth, for our sadness to be replaced by desperation. More than an era closed when his gallant heart failed him at last; in every corner of our battered country, maimed as it is by years of recklessly cultivated hatred, we lost the voice that constantly called us to attend to the work of our salvation.

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 …

The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan

Touro Law Review

No abstract provided.

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.

Double Jeopardy

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Preemption

Touro Law Review

No abstract provided.

Right To Confrontation

Touro Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

Right To Be Present

Touro Law Review

No abstract provided.

Right To Be Present

Touro Law Review

No abstract provided.

Search & Seizure

Touro Law Review

No abstract provided.