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Articles 1 - 7 of 7
Full-Text Articles in Social and Behavioral Sciences
“Arrogance Cloaked As Humility” And The Majoritarian First Amendment: The Free Speech Legacy Of Chief Justice William H. Rehnquist, Edward L. Carter, Brad Clark
“Arrogance Cloaked As Humility” And The Majoritarian First Amendment: The Free Speech Legacy Of Chief Justice William H. Rehnquist, Edward L. Carter, Brad Clark
Faculty Publications
In his 19 years as Chief Justice of theUnited States, William H. Rehnquist voted in favor of the individual expression interest asserted in approximately one-fifth of the Speech Clause cases heard by the Supreme Court. Meanwhile, he opposed protecting those constitutional interests in approximately two-thirds of the speech cases during that time. (His votes evidenced both speech-protective and non-protective elements just more than 10 percent of the time). This manuscript analyzes the Rehnquist jurisprudence in comparison with that of his two immediate predecessors as Chief, Warren Burger and Earl Warren. Rehnquist’s deference to government, reliance on history and formalist categorization …
Where Is The Proper Balance? Public Access To Government Information In An Era Of Concern Over National Security, James T. Shaw
Where Is The Proper Balance? Public Access To Government Information In An Era Of Concern Over National Security, James T. Shaw
Criss Library Faculty Proceedings & Presentations
My goal today is not to tell you precisely where the proper balance is, because that can only be worked out in democratic interplay among the Legislative, Executive, and Judicial branches of our governments. That process is awkward, halting, and sometimes maddening; but I continue to have great faith in the wisdom of our Founders, who perceived that checks and balances would over time prove a guarantor of our liberties. We must always remember that the Founders deliberately structured the Federal government so that it could never be too efficient. Recall that Benito Mussolini made great progress in making the …
Tiresias And The Justices: Using Information Markets To Predict Supreme Court Decisions, Miriam A. Cherry, Robert L. Rogers
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 …
Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer
Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
Death Of Procedural Safeguards: Prior Restraint, Due Process And The Elusive First Amendment Value Of Content Neutrality, Edward L. Carter, Brad Clark
Death Of Procedural Safeguards: Prior Restraint, Due Process And The Elusive First Amendment Value Of Content Neutrality, Edward L. Carter, Brad Clark
Faculty Publications
In recent years, federal courts eroded the procedural safeguards required for prior restraint licensing schemes established in Freedman v. Maryland. The Supreme Court of the United States stated that the dangers of prior restraint were accounted for by content neutrality. But a close examination of federal courts of appeals opinions since 2002 reveals that erosion of procedural safeguards may threaten speech interests. First, procedural safeguards have not been required, in some cases, even for content-based prior restraints. Second, courts of appeals have held that, in the context of content-neutral prior restraints, the First Amendment no longer requires a time limit …
Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall
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 …
The Rise, Development And Future Directions Of Critical Race Theory And Related Scholarship, Athena D. Mutua
The Rise, Development And Future Directions Of Critical Race Theory And Related Scholarship, Athena D. Mutua
Journal Articles
This essay tells the story of the rise, development and future directions of critical race theory and related scholarship. In telling the story, I suggest that critical race theory (CRT) rises, in part, as a challenge to the emergence of colorblind ideology in law, a major theme of the scholarship. I also contend that conflict, as a process of intellectual and institutional growth, marks the development of critical race theory and provides concrete and experiential examples of some of its key insights and themes. These conflicts are waged in various institutional settings over the structural and discursive meanings of race …