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The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski 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, Mark S. Brodin 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, Louis J. Virelli III 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, Seyla Benhabib 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, Carl Tobias 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, Jeffrey W. Stempel 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, Richard Delgado 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law

Naim V. Naim, Richard Delgado

Nevada Law Journal

No abstract provided.


Terrace V. Thompson And The Legacy Of Manifest Destiny, Jean Stefancic 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, Linda S. Mullenix 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, Charles L. Knapp 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, Steve Subrin 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, John M. Kang 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?, Brooke D. Coleman 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, Thomas O. Main 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, Thomas B. McAffee 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, Ann C. McGinley 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, Frederick Mark Gedicks 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, A. Christopher Bryant 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, Larry T. Garvin 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, Tuan Samahon 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.


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