The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law,
2012
University of Missouri - Kansas City, School of Law
The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski
Faculty Works
In this Article, we argue that the Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments in adjudications, unless the case can be resolved solely through the deployment of traditional tools of statutory construction. While we are not the first to express a preference for rulemaking on civil procedure issues, we advance the position in four significant ways. First, we argue that the Supreme Court in the civil procedure arena is vested with powers analogous to most administrative agencies. Second, building upon this …
Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin
Nevada Law Journal
No abstract provided.
Congress, The Constitution, And
Supreme Court Recusal,
2012
Washington and Lee University School of Law
Congress, The Constitution, And Supreme Court Recusal, Louis J. Virelli Iii
Washington and Lee Law Review
Recusal is one of the most hotly contested issues facing the Supreme Court. From the wide-ranging debate over Supreme Court recusal, however, a singular theme has emerged: Congress must do more to protect the integrity and legitimacy of the Court by regulating the Justices’ recusal practices. Herein lies the problem. Rather than solve the puzzle of Supreme Court recusal, direct congressional regulation has created an impasse between Congress and the Court that has consequences for the reputation, efficacy, and legitimacy of both Branches. In a precursor to this Article, I recast the issue of Supreme Court recusal as a constitutional …
On Michel Rosenfeld's The Identity Of The Constitutional Subject,
2012
Yale University
On Michel Rosenfeld's The Identity Of The Constitutional Subject, Seyla Benhabib
Cardozo Law Review
No abstract provided.
Saluting Judge Philip Pro's Quarter Century Of Nevada District Service,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Saluting Judge Philip Pro's Quarter Century Of Nevada District Service, Carl Tobias
Nevada Law Journal
No abstract provided.
The Worst Supreme Court Case Ever? Identifying, Assessing, And Exploring Low Moments Of The High Court,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Worst Supreme Court Case Ever? Identifying, Assessing, And Exploring Low Moments Of The High Court, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Naim V. Naim,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Terrace V. Thompson And The Legacy Of Manifest Destiny,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Terrace V. Thompson And The Legacy Of Manifest Destiny, Jean Stefancic
Nevada Law Journal
No abstract provided.
Carnival Cruise Lines, Inc. V. Shute: The Titanic Of Worst Decisions,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Carnival Cruise Lines, Inc. V. Shute: The Titanic Of Worst Decisions, Linda S. Mullenix
Nevada Law Journal
No abstract provided.
Contract Law Walks The Plank: Carnival Cruise Lines, Inc. V. Shute,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Contract Law Walks The Plank: Carnival Cruise Lines, Inc. V. Shute, Charles L. Knapp
Nevada Law Journal
No abstract provided.
Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness, Steve Subrin
Nevada Law Journal
No abstract provided.
Hustler V. Falwell: Worst Case In The History Of The World, Maybe The Universe,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Hustler V. Falwell: Worst Case In The History Of The World, Maybe The Universe, John M. Kang
Nevada Law Journal
No abstract provided.
Lassiter V. Department Of Social Services: Why Is It Such A Lousy Case?,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Lassiter V. Department Of Social Services: Why Is It Such A Lousy Case?, Brooke D. Coleman
Nevada Law Journal
No abstract provided.
On Teaching Conflicts And Why I Dislike Allstate Insurance Co. V. Hague,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
On Teaching Conflicts And Why I Dislike Allstate Insurance Co. V. Hague, Thomas O. Main
Nevada Law Journal
No abstract provided.
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Nevada Law Journal
The controversies spawned by the Supreme Court’s decision in Terry v. Ohio are just about as expansive as the decision’s implications for the development of Fourth Amendment doctrine. And it was recently observed that it is perhaps the most criticized Fourth Amendment decision since the modern Supreme Court belatedly incorporated the amendment, and eventually the exclusionary rule.3 Fortunately, there is neither time nor space to address and fully resolve all of these controversies, or even to determine whether the case was just wrongly decided; the somewhat narrower thesis of this Article is that the long-term impact of Terry on the …
Ricci V. Destefano: Diluting Disparate Impact And Redefining Disparate Treatment,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Ricci V. Destefano: Diluting Disparate Impact And Redefining Disparate Treatment, Ann C. Mcginley
Nevada Law Journal
No abstract provided.
Lynch And The Lunacy Of Secularized Religion,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Lynch And The Lunacy Of Secularized Religion, Frederick Mark Gedicks
Nevada Law Journal
Any “worst opinion ever” essay must start with criteria of badness. I propose three: (i) failure to explain why existing doctrine dictated the result, (ii) failure to articulate a rule that judges can consistently apply in subsequent cases, and (iii) failure to protect the interests of the prevailing party. Few opinions win this trifecta, but Lynch v. Donnelly is one of them.1 Chief Justice Burger and the Lynch majority would have left the world of church and state immeasurably enriched—or at least immeasurably less screwed up—if they had not written an opinion at all.
This is, to be sure, a …
Nigro V. United States: The Most Disingenuous Supreme Court Opinion, Ever,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Nigro V. United States: The Most Disingenuous Supreme Court Opinion, Ever, A. Christopher Bryant
Nevada Law Journal
No abstract provided.
Globe Refining Co. V. Landa Cotton Oil Co. And The Dark Side Of Reputation,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Globe Refining Co. V. Landa Cotton Oil Co. And The Dark Side Of Reputation, Larry T. Garvin
Nevada Law Journal
No abstract provided.
Blackmun (And Scalia) At The Bat: The Court's Separation-Of-Powers Strike Out In Freytag,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Blackmun (And Scalia) At The Bat: The Court's Separation-Of-Powers Strike Out In Freytag, Tuan Samahon
Nevada Law Journal
No abstract provided.
