Five Times More Likely: Haaland V. Brackeen And What It Could Mean For Maine Tribes,
2023
University of Maine School of Law
Five Times More Likely: Haaland V. Brackeen And What It Could Mean For Maine Tribes, Eloise Melcher
Maine Law Review
In the 1970s Native activists realized that states were removing Native children from their families at disproportional rates when compared to non-Native children. The activists pushed for the enactment of the Indian Child Welfare Act, which became law in 1978. The law increases the burden on states before Native children can be taken from their families. As part of a larger movement to attack the Equal Protection Clause in the courts, Haaland v. Brackeen reached the Supreme Court in 2022. The plaintiffs in Brackeen argue that the Indian Child Welfare Act is unconstitutional for a variety of reasons, including that …
Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023,
2023
Roger Williams University School of Law
Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants,
2023
William & Mary Law School
Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin
Popular Media
No abstract provided.
Four Maurer School Of Law Students Selected As 2023 Stevens Fellows,
2023
Maurer School of Law: Indiana University
Four Maurer School Of Law Students Selected As 2023 Stevens Fellows, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Four Indiana Law students have been selected as Stevens Fellows, the John Paul Stevens Foundation accounced today (June 20). Selection as a Stevens Fellow allows students to receive critical financial support while participating in unpaid summer legal internships serving the public interest.
Named after the late U.S. Supreme Court Justice, the John Paul Stevens Foundation is dedicated to promoting public interest and social justice values in the next generation of American lawyers.
“You Don’T Bring Me Flowers Anymore”: President Clinton, Paula Jones, And Why Courts Should Expand The Definition Of “Adverse Employment Action” Under Title Vii’S Anti-Retaliation Provision,
2023
St. John's University School of Law
“You Don’T Bring Me Flowers Anymore”: President Clinton, Paula Jones, And Why Courts Should Expand The Definition Of “Adverse Employment Action” Under Title Vii’S Anti-Retaliation Provision, Lawrence Rosenthal
St. John's Law Review
(Excerpt)
Anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”), and the Age Discrimination in Employment Act (“ADEA”) prohibit discrimination based on individuals’ protected characteristics. In addition to prohibiting this type of status-based discrimination, these statutes also prohibit employers from retaliating against employees who assert their rights under the statutes or who assist others in asserting their rights.
Over the past several years, retaliation charges filed with the Equal Employment Opportunity Commission (“EEOC”) have made up an increasingly high percentage of all charges filed with the agency. Specifically, …
The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting,
2023
Texas Southern University Thurgood Marshall School of Law
The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting, Kindaka J. Sanders
Cleveland State Law Review
This Article series argues that the Supreme Court’s jurisprudence on excessive force from Graham v. Connor to the present has undermined the objectivity of the reasonableness standard. In its place, the Court has erected a standard that reflects modern conservative political ideology, including race conservatism, law and order, increased police discretion, and the deconstruction of the Warren Court’s expansion of civil rights and civil liberties. Indeed, the Court, dominated by law-and-order conservatives, is one of the greatest triumphs of conservatism. Modern conservatism developed as a backlash against various social movements like the Civil Rights Movement and spontaneous urban rebellions during …
In Pursuit Of A Modern Standard: The Constitutional Proportions Of Collateral Harm From Pursuits And Police High-Speed Driving,
2023
Cleveland State University College of Law
In Pursuit Of A Modern Standard: The Constitutional Proportions Of Collateral Harm From Pursuits And Police High-Speed Driving, Julian Gilbert
Cleveland State Law Review
Police chases and high-speed driving are common practices that pose a substantial amount of harm and are often unjustified. The benefits of such chases are questionable, and rapid police action at all costs is often unnecessary. When bystanders are injured as a result of police high-speed driving, there are few avenues to have their rights vindicated, and federal court cases require plaintiffs to meet an almost impossible burden. However, under the United States Supreme Court case of County of Sacramento v. Lewis, a plaintiff can put forth evidence that their substantive due process right to life under the Fourteenth …
Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court,
2023
Seattle Pacific University
Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court, Junia E. Paulus
Honors Projects
The Supreme Court is often viewed with awe and the justices treated with reverence. It is the highest court in the United States, tasked with interpreting the law. But is the Supreme Court the neutral arbiter of justice it purports to be? Most recently, the 2022 ruling on Dobbs v. Jackson Women’s Health Organization overturned the fifty-year precedent of Roe v. Wade, causing the Court to face increasing scrutiny and questions of its legitimacy. I conduct a philosophical analysis of the arguments made by the justices in the opinions on Roe v. Wade, Planned Parenthood v. Casey, and …
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas,
2023
Villanova University Charles Widger School of Law
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg,
2023
Villanova University Charles Widger School of Law
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco
Villanova Environmental Law Journal
No abstract provided.
The Shadow Docket: A Symposium,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Shadow Docket: A Symposium, Leslie C. Griffin
Nevada Law Journal
No abstract provided.
Does Anybody Really Know What Time It Is?: How The Us Supreme Court Defines “Time” Using The Purcell Principle,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
Does Anybody Really Know What Time It Is?: How The Us Supreme Court Defines “Time” Using The Purcell Principle, Rachael Houston
Nevada Law Journal
No abstract provided.
Out Of The Shadows: What Social Science Tells Us About The Shadow Docket,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
Out Of The Shadows: What Social Science Tells Us About The Shadow Docket, Nicholas D. Conway, Yana Gagloeva
Nevada Law Journal
No abstract provided.
Will American Democracy Last In Light Of The Shadow Docket?,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
Will American Democracy Last In Light Of The Shadow Docket?, Caroline Fredrickson
Nevada Law Journal
No abstract provided.
The Capital Shadow Docket And The Death Of Judicial Restraint,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Capital Shadow Docket And The Death Of Judicial Restraint, Jenny-Brooke Condon
Nevada Law Journal
No abstract provided.
Secret Shoals Of The Shadow Docket,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
Secret Shoals Of The Shadow Docket, Andrew J. Wistrich
Nevada Law Journal
No abstract provided.
Why Are These Justices Using The Shadow Docket More Than Past Justices?,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
Why Are These Justices Using The Shadow Docket More Than Past Justices?, Benjamin H. Barton
Nevada Law Journal
No abstract provided.
Illuminating The Shadow Docket: On The Increasing Impacts Of This Evolving Judicial Procedure,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
Illuminating The Shadow Docket: On The Increasing Impacts Of This Evolving Judicial Procedure, Sarah Voehl
Nevada Law Journal
No abstract provided.
The ‘Weaponized’ First Amendment At The Marble Palace And The Firing Line: Reaction And Progressive Advocacy Before The Roberts Court And Lower Federal Courts,
2023
University of Pennsylvania Carey Law School
The ‘Weaponized’ First Amendment At The Marble Palace And The Firing Line: Reaction And Progressive Advocacy Before The Roberts Court And Lower Federal Courts, Seth F. Kreimer
Faculty Scholarship at Penn Carey Law
It once seemed that the First Amendment doctrine developed by the Supreme Court stood as a bulwark protecting grassroots struggles for social change. In the twenty-first century, however, particularly since the appointments of Chief Justice Roberts and Justice Alito in 2005, a number of observers have begun to view the Supreme Court’s First Amendment work as a “weaponized” redoubt of reaction.
This sense of the rightward tilt of Supreme Court decisions is rooted in reality. Examining 104 Supreme Court First Amendment cases decided during the 2005–2020 Terms, it turns out that successful litigants are four times as likely to come …
The Nagging In Our Ears And Original Public Meaning,
2023
Marquette University Law School
The Nagging In Our Ears And Original Public Meaning, Perry Dane
Marquette Law Review
The debate over how to understand the meaning of legal texts once pitted intentionalism against a variety of other views united by the conviction that a legal enactment takes on a meaning not reducible to anybody’s mental state. Both these approaches are supported by powerful intuitions. This Article does not try to referee between them. Instead, it takes aim at a third set of views— theories of “original public meaning”—that in recent decades has upended the traditional debate and has now become gospel for the new majority on the United States Supreme Court.
