Transforming Constitutional Doctrine Through Mandatory Appeals From Three-Judge District Courts: The Warren And Burger Courts And Their Contemporary Lessons, 2025 University of Cincinnati College of Law
Transforming Constitutional Doctrine Through Mandatory Appeals From Three-Judge District Courts: The Warren And Burger Courts And Their Contemporary Lessons, Michael E. Solimine
Faculty Articles and Other Publications
Judicial interpretations of the Equal Protection and Due Process Clauses of the Fourteenth Amendment underwent significant change, both expanding and retrenching in various ways, in Supreme Court doctrine during the Warren and Burger Courts. An underappreciated influence on the change is the method by which those cases reached the Court’s docket. A significant number of the cases reached the Court’s docket not by discretionary grants of writs of certiorari, as occurred in most other cases, but by mandatory appeals directly from three-judge district courts. This article makes several contributions regarding the important changes in these doctrines during the Warren Court …
The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, 2024 Saint Louis University School of Law
The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood
SLU Law Journal Online
This article explores the Harvard/UNC ruling and what, in the author’s view, is the misguided efforts by certain political and well-financed private actors to use that ruling to justify the eradication of private employers and law firm DEI efforts. It is the author’s firm belief that because the Supreme Court’s holding is limited to an analysis of the Constitution’s Equal Protection clause (limited to state actors) and Title VI (covering private actions receiving federal funding), that ruling should not be used by courts to quash DEI programs designed to level the employment playing field for minorities, women and other protected …
The Future Of “History And Tradition”: The First Amendment Implication Of Bruen, 2024 Yeshiva University, Cardozo School of Law
The Future Of “History And Tradition”: The First Amendment Implication Of Bruen, The Floersheimer Center For Constitutional Democracy
Flyers 2023-2024
No abstract provided.
Cardozo Law Review Symposium 2024 Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, 2024 Yeshiva University, Cardozo School of Law
Cardozo Law Review Symposium 2024 Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Jacob Burns Center For Ethics In The Practice Of Law
Flyers 2023-2024
No abstract provided.
Cardozo Law Review Invites You To: Cardozo Law Review Symposium 2024 Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, 2024 Yeshiva University, Cardozo School of Law
Cardozo Law Review Invites You To: Cardozo Law Review Symposium 2024 Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, Benjamin N. Cardozo School Of Law, The Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Jacob Burns Center For Ethics In The Practice Of Law
Event Invitations 2024
The recent conduct of Supreme Court justices and lawyers acting on behalf of former president Trump has led many to think that something has gone profoundly wrong at the most elite levels of the American legal profession.
Do Patents Drive Investment In Software?, 2024 Northwestern Pritzker School of Law
Do Patents Drive Investment In Software?, James Hicks
Northwestern University Law Review
In the wake of a quartet of Supreme Court decisions which disrupted decades of settled law, the doctrine of patentable subject matter is in turmoil. Scholars, commentators, and jurists continue to disagree sharply over which kinds of invention should be patentable. In this debate, no technology has been more controversial than software. Advocates of software patents contend that denying protection would stymie innovation in a vital industry; skeptics argue that patents are a poor fit for software, and that the social costs of patents outweigh any plausible benefits. At the core of this disagreement is a basic problem: the debate …
The Supreme Court And Children, 2024 Northwestern Pritzker School of Law
The Supreme Court And Children, Aaron Tang
Northwestern University Law Review
How do children fare at the Supreme Court? Empirical research on the question is sparse, but existing accounts suggest a disheartening answer. A 1996 study found that children lost more than half of their cases in the Court, and a pair of prominent scholars lamented twenty years later that “the losses in children’s rights cases” had “outpace[d] and overwhelm[ed] the victories.”
In this Article, I present evidence that complicates this understanding. Based on an original dataset comprising 262 Supreme Court decisions between 1953 and 2023, I find that children have prevailed in 62.6% of their cases. This win rate is …
Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, 2024 University of Cincinnati College of Law
Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, Evan S. Thompson
University of Cincinnati Law Review
No abstract provided.
Born In The U.S.A.: Analyzing The Domesticity Of Judgments In The Civil Rico Context, 2024 University of Cincinnati College of Law
Born In The U.S.A.: Analyzing The Domesticity Of Judgments In The Civil Rico Context, Alex Reid
University of Cincinnati Law Review
No abstract provided.
Assessing The Future Of “Offended Observer” Standing In Establishment Clause Cases, 2024 Cleveland State University
Assessing The Future Of “Offended Observer” Standing In Establishment Clause Cases, Larry J. Obhof
Cleveland State Law Review
This Article looks at the anomaly of “offended observer” standing in Establishment Clause challenges. It calls for greater consistency in the courts’ application of constitutional standing requirements.
Under Article III, Plaintiffs seeking to raise claims in federal court must allege a concrete and particularized injury in fact in order to support federal jurisdiction. Likewise, plaintiffs seeking to challenge a government policy must allege a unique injury that is separate from the interests of the public at large. The notable exception is where plaintiffs claim personal offense at alleged government entanglement in religion. These “offended observers” are frequently given access to …
Free Exercise, The Respect For Marriage Act, And Some Potential Surprises, 2024 Capital University Law School
Free Exercise, The Respect For Marriage Act, And Some Potential Surprises, Mark Strasser
Cleveland State Law Review
Congress recently passed the Respect for Marriage Act to assure that certain marriages would remain valid even if the Supreme Court were to overrule past precedent and hold that the Constitution does not protect the right to marry a partner of the same sex or of a different race. However, the Act, as written, may not offer protection for certain same-sex or interracial marriages and may open the door to the federal protection of plural marriages, congressional intent notwithstanding, because of the Court’s increasingly robust free exercise jurisprudence.
Filling The Potholes Of Pretextual Traffic Stops: A Better Road Forward For Ohio, 2024 Case Western Reserve University School of Law
Filling The Potholes Of Pretextual Traffic Stops: A Better Road Forward For Ohio, Jordan Weeks
Cleveland State Law Review
The Fourth Amendment was one of the driving forces behind the United States Revolution. This Amendment generally protects individuals against “unreasonable” searches and seizures. But what does “reasonable” mean in the context of a traffic stop?
In 1996, the U.S. Supreme Court in Whren v. United States tried answering this question. In so doing, the Court determined that pretextual traffic stops are “reasonable.” Pretextual traffic stops occur where an officer stops a vehicle and cites a lawful reason for the stop, yet the underlying reason is unlawful. The Whren Court determined that an officer’s intent is completely irrelevant to whether …
“I Wish I Knew How It Would Feel To Be Free”: A Lamentation On Dobbs V. Jackson’S Pernicious Impact On The Lives And Liberty Of Women, 2024 Cleveland State University College of Law
“I Wish I Knew How It Would Feel To Be Free”: A Lamentation On Dobbs V. Jackson’S Pernicious Impact On The Lives And Liberty Of Women, April L. Cherry
Cleveland State Law Review
On June 24, 2022, the Supreme Court overturned nearly fifty years of precedent when it declared in Dobbs v. Jackson Women’s Health Organization that abortion was not a fundamental right, and therefore it was not protected by the Fourteenth Amendment and substantive due process. In law school corridors and legal scholar circles, discussion of the Court’s evisceration of abortion rights focused on the corresponding changes in Fourteenth Amendment jurisprudence and the Court’s outright dismissal of stare decisis. But in homes, hospitals, community centers, and workplaces, different conversations were happening. Conversations, mostly had by women, concerned the real-life consequences of overturning …
Revisiting Compassionate Release: The Sentencing Commission’S Compassionate Changes To The 2023 Compassionate Release Policy Statement, 2024 Cleveland State University College of Law
Revisiting Compassionate Release: The Sentencing Commission’S Compassionate Changes To The 2023 Compassionate Release Policy Statement, Rachel Wilson
Cleveland State Law Review
Compassionate release is a well-established exception to the Sentencing Reform Act’s requirement that a defendant’s sentence not be reduced after its final imposition. The Act requires the Sentencing Commission, through policy statement, to describe “extraordinary and compelling reasons” warranting compassionate release. However, the Sentencing Commission’s failure to convene as a quorum for nearly four years precluded any policy statement updates. In that time, the COVID-19 pandemic and the Bureau of Prisons’ internal issues further complicated the compassionate release process. This Note analyzes the 2023 amendment to the compassionate release policy statement, its potential implications, and suggests additional steps to be …
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, 2024 Brooklyn Law School
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Brooklyn Law Review
The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions …
My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, 2024 Brooklyn Law School
My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner
Brooklyn Law Review
In 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the fundamental right to abortion it had established nearly fifty years prior. The Court’s decision threw into uncertainty the future of not only reproductive rights in this country, but also many other individual rights. At the same time as the decision, the world was still reeling from a global pandemic, and the development of COVID-19 vaccines had spurred widespread controversy over the constitutionality of vaccine mandates. Both advocates for abortion access and opponents to vaccine mandates shared a common cry: “my …
Virtual Technology And The Changing Rituals Of Courtroom Justice, 2024 Chicago-Kent College of Law
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Chicago-Kent Law Review
No abstract provided.
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, 2024 Chicago-Kent College of Law
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, 2024 Chicago-Kent College of Law
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Chicago-Kent Law Review
No abstract provided.
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, 2024 Chicago-Kent College of Law
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.