Waiting For Gaudet Charting A Course After Atlantic Sounding Co. V. Townsend,
2012
St. Thomas University College of Law
Waiting For Gaudet Charting A Course After Atlantic Sounding Co. V. Townsend, Attilio M. Costabel
St. Thomas Law Review
In Waiting for Godot, the masterpiece play by Nobel Laureate Samuel Beckett, two friends wait expectantly for someone named Godot to arrive. The friends claim him as an acquaintance, but in fact they hardly know him, admitting that they would not recognize him were they to see him. After days of waiting in vain, they pledge to commit suicide the day after, unless of course Godot arrives. At the play's end, the audience never learns if Godot arrived or if the friends committed suicide. This narrative is strikingly similar to the saga of the homonymous Supreme Court case name Gaudet-a …
(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012),
2012
UIC School of Law
(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012), Svetlana Gitman
UIC Law Review
No abstract provided.
What Is The Correct Standard Of Prudence In Employer Stock Cases?, 45 J. Marshall L. Rev. 541 (2012),
2012
UIC School of Law
What Is The Correct Standard Of Prudence In Employer Stock Cases?, 45 J. Marshall L. Rev. 541 (2012), José Martin Jara
UIC Law Review
No abstract provided.
Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012),
2012
UIC School of Law
Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012), Colleen E. Medill
UIC Law Review
No abstract provided.
On Locating The Rights Of Lost, 45 J. Marshall L. Rev. 1051 (2012),
2012
UIC School of Law
On Locating The Rights Of Lost, 45 J. Marshall L. Rev. 1051 (2012), Ricardo A. Sunga Iii
UIC Law Review
No abstract provided.
Lotteries And Public Policy In American Law, 46 J. Marshall L. Rev. 37 (2012),
2012
UIC School of Law
Lotteries And Public Policy In American Law, 46 J. Marshall L. Rev. 37 (2012), Stephen Leacock
UIC Law Review
No abstract provided.
Faa Law, Without The Activism: What If The Bellwether Cases Were Decided By A Truly Conservative Court,
2012
University of Missouri School of Law
Faa Law, Without The Activism: What If The Bellwether Cases Were Decided By A Truly Conservative Court, Richard C. Reuben
Faculty Publications
The U.S. Supreme Court has decided an extraordinary number of cases under the Federal Arbitration Act in the last half century, a pattern that continues today at the pace of a case or two a year. During this time, Republican presidential candidates have made much political hay out of the Supreme Court, running against the Warren Court’s “liberal activism” by promising to appoint judges who would decide cases more conservatively. In this article, I analyze whether this promise has been fulfilled in the context of the Supreme Court’s FAA jurisprudence by identifying the core principles of judicial conservatism – restraint, …
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates,
2012
Barry University
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Feminist Legal Realism,
2012
University of the District of Columbia
Feminist Legal Realism, Mae C. Quinn
Journal Articles
This Article begins to rethink current conceptions of two of the most significant legal movements in this country1—Legal Realism and Feminist Jurisprudence. The story of Legal Realism has been retold for decades. Authors have dedicated countless books,2 law review articles,3 and blog posts4 to the subject. Legal and other scholars repeatedly have attempted to define better the movement and ascertain its adherents. Although the usual suspects— Karl Llewellyn, Roscoe Pound, and Jerome Frank—are almost always a part of the conversation, surprisingly few agree on the totality of Realism’s personage or parameters. The lists of those considered realists— and there are …
Toward A Future, Wiser Court: A Blueprint For Overturning District Of Columbia V. Heller,
2012
Constantine Cannon
Toward A Future, Wiser Court: A Blueprint For Overturning District Of Columbia V. Heller, Richard M. Aborn, Marlene Koury
Fordham Urban Law Journal
No abstract provided.
The Ideological Divide: Conflict And The Supreme Court's Certiorari Decision
,
2012
Washburn University School of Law
The Ideological Divide: Conflict And The Supreme Court's Certiorari Decision , Emily Grant, Scott A. Hendrickson, Michael S. Lynch
Cleveland State Law Review
This Article bridges a gap in existing literature by evaluating, from an empirical perspective, the impact of conflict among the lower courts on the Supreme Court’s decision to grant or deny a petition for a writ of certiorari. Specifically, this Article looks at the political ideology of the lower courts involved in a split of authority on federal law and compares those positions to the political ideology of the Supreme Court itself. This Article concludes that the ideological content of lower court opinions in a conflict case impacts the Supreme Court’s certiorari decisions in a statistically significant way, and thus …
The Politics Of Hate,
2012
American University Washington College of Law
The Politics Of Hate, Robert Tsai
Scholarly Articles in Law Reviews & Journals
This is a special issue dedicated to the topic of hate and political discourse. Collectively, the peer-reviewed articles in this volume are concerned with the political aspects of hatred, i.e., psychology, motivations, organization, tactics, and ends. The articles approach the problem from a variety of disciplines, including anthropology, history, law, literature, philosophy, political science, psychology, and sociology. Among the subjects analyzed: group hatred as a heritable trait; hate as an irrational system of thought; Italian fascism's construction of the Communist other; the rise of the English Defence League and its anti-Islam activities; the persistent myth of blood libel; judicial handling …
Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan,
2012
American University Washington College of Law
Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
Introduction: How should Justice William J. Brennan, Jr., be remembered in 2056, one hundred years after he joined the United States Supreme Court, or in 2090, one hundred years after he left it? There is no set convention for how we evaluate the success or failure, the greatness or mediocrity, of our Supreme Court Justices. This is the case even in their lifetimes, let alone decades later. Yet there are some constants in Brennan's legendary judicial career that may guide the way to evaluating his legacy.
Using The Papers Of U.S. Supreme Court Justices: A Reflection,
2012
American University Washington College of Law
Using The Papers Of U.S. Supreme Court Justices: A Reflection, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
This essay examines the benefits and drawbacks of writing about the U.S. Supreme Court using the papers' of the Justices and how the work of Professor James F Simon highlights the benefits. The benefits are that the Justices' papers provide invaluable understanding of the Court's decisionmaking process, the influences that are significant, and how much substance actually matters. The papers shed light on why important legal doctrines developed in certain ways and what arguments held sway, identify rules that may be on thin ice in terms of underlying support, and show the nature of the working relationships among the Justices, …
Africa And The International Criminal Court,
2012
University of Pittsburgh School of Law
Africa And The International Criminal Court, Charles C. Jalloh
Articles
No abstract provided.
No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts,
2012
SJ Quinney College of Law, University of Utah
No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton, Teresa L. Welch, Neal G. Hamilton
Utah OnLaw: The Utah Law Review Online Supplement
Utah’s justice of the peace courts look and feel exactly like district courts, yet they lack the benefits and protections afforded to citizens charged with more serious offenses. Utah should strongly consider abolishing its justice courts in order to integrate them into a statewide system of justice that would “keep the peace” for all of the state’s citizens. If Utah does not abolish its justice courts, then it should implement the procedures and reforms outlined in this Article. Utah continues to have an opportunity to provide meaningful, and constitutional, justice administered at its local level. Once these reforms were implemented, …
Criminal Sentencing Under The Advisory Guidelines And The Ex Post Facto Clause, 45 J. Marshall L. Rev. 435 (2012),
2012
UIC School of Law
Criminal Sentencing Under The Advisory Guidelines And The Ex Post Facto Clause, 45 J. Marshall L. Rev. 435 (2012), Megan Preusker
UIC Law Review
No abstract provided.
Recusal, Government Ethics, And Superannuated Constitutional Theory,
2012
University of Maryland Francis King Carey School of Law
Recusal, Government Ethics, And Superannuated Constitutional Theory, Keith Swisher
Maryland Law Review
No abstract provided.
Due Process In The American Identity,
2012
Case Western University School of Law
Due Process In The American Identity, Cassandra Burke Robertson
Faculty Publications
In the last four years, public opinion polls have found an increasingly high level of public support for the methods applied in the war on terror. A significant majority of the population now expresses support for targeted killing through drone strikes and for the indefinite detention of suspected terrorists at Guantánamo Bay. While there are undoubtedly many dynamics at play in the public's changing views of national security and due process, this Article examines one piece of the puzzle: how the concept of due process fits within the structure of the American identity.
This Article examines due process and national …
The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012),
2012
John Marshall Law School
The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
Federalism challenges to the Affordable Care Act ("ACA") are inspired by the relatively recent resurgence in federalism concerns in the Supreme Court's jurisprudence. Thus, ACA opponents seek to leverage the Court-created distinction between encouragement and compulsion (in opposition to Medicaid expansion), and the Court-created federalism concern when Congress regulates in a way that could destroy the distinction between what is national and what is local (in opposition to universal coverage).
But outside the jurisprudence, the text and history of constitutional federalism tell another story. The text and history suggest that the Constitution created a powerful federal government, of the people …
