State Not Required To Provide Counsel On Appeal To Supreme Court,
2016
St. John's University School of Law
State Not Required To Provide Counsel On Appeal To Supreme Court
The Catholic Lawyer
No abstract provided.
"Allen Charge" Used In Absence Of Deadlocked Jury,
2016
St. John's University School of Law
"Allen Charge" Used In Absence Of Deadlocked Jury
The Catholic Lawyer
No abstract provided.
Ordinance Allowing Search Without A Warrant Held Invalid,
2016
St. John's University School of Law
Ordinance Allowing Search Without A Warrant Held Invalid
The Catholic Lawyer
No abstract provided.
The First Amendment And Canon Law,
2016
St. John's University School of Law
The First Amendment And Canon Law, Brendan F. Brown
The Catholic Lawyer
No abstract provided.
The Legality Of De Facto Segregation,
2016
St. John's University School of Law
The Legality Of De Facto Segregation, Charles E. Rice
The Catholic Lawyer
No abstract provided.
Obscenity: Significance Of Literary Value,
2016
St. John's University School of Law
The Lawyer And Civil Rights,
2016
St. John's University School of Law
The Lawyer And Civil Rights, Joseph T. Tinnelly, C.M.
The Catholic Lawyer
No abstract provided.
Recent Decision: Conviction Under Discriminatory City Ordinance Held "State Action",
2016
St. John's University School of Law
Recent Decision: Conviction Under Discriminatory City Ordinance Held "State Action"
The Catholic Lawyer
No abstract provided.
Recent Decision: State Anti-Discrimination Act Not A Burden On Interstate Commerce,
2016
St. John's University School of Law
Recent Decision: State Anti-Discrimination Act Not A Burden On Interstate Commerce
The Catholic Lawyer
No abstract provided.
Recent Decision: With All Deliberate Speed - A Changing Concept In Desegregation,
2016
St. John's University School of Law
Recent Decision: With All Deliberate Speed - A Changing Concept In Desegregation
The Catholic Lawyer
No abstract provided.
Honoring Dan Meltzer,
2016
George Washington University Law School
Honoring Dan Meltzer, Bradford R. Clark
Notre Dame Law Review
Dan Meltzer was a giant in the field of Federal Courts, and it is hard to overstate his influence on its development. He taught Federal Courts at Harvard Law School and was a long-time co-author of Hart & Wechsler’s The Federal Courts and the Federal System (“Hart & Wechsler ”), the casebook that created the field and shaped how generations of judges, lawyers, and scholars think about complex questions of federal jurisdiction. In addition, Dan enriched the field immeasurably by writing seminal articles on a wide range of Federal Courts topics. His work was characterized by deep knowledge of the …
An Incomplete Discussion Of "Arising Under" Jurisdiction,
2016
Harvard Law School
An Incomplete Discussion Of "Arising Under" Jurisdiction, David L. Shapiro
Notre Dame Law Review
My purpose in this brief Essay is to expand on this theme as it played out in Dan Meltzer’s role as collaborator, friendly critic, and keen analyst, and to do so by exploring a problem that in some ways lies at the heart of our elaborate system of judicial federalism, even though (perhaps because it does not arise that often) it has received somewhat less attention than it deserves. That problem addresses the nature of federal judicial authority—and especially the appellate jurisdiction of the Supreme Court—when a federal issue is embedded in, or when its determination may affect the resolution …
Revising Our “Common Intellectual Heritage”: Federal And State Courts In Our Federal System,
2016
Yale Law School
Revising Our “Common Intellectual Heritage”: Federal And State Courts In Our Federal System, Judith Resnik
Notre Dame Law Review
This Essay pays tribute to Daniel Meltzer’s insight that, to the extent “lawyers have a common intellectual heritage, the federal courts are its primary source.” I do so by analyzing how that heritage is made and remade, as political forces press Congress to deploy federal courts to protect a wide array of interests and state courts absorb the bulk of litigation. The heritage that Meltzer celebrated and to which he contributed was the outcome of twentieth-century social movements that focused on the federal courts as hospitable venues, serving as vivid sources of rights and remedies. A competing heritage has since …
Who Speaks The Culture Of The Corporation?,
2016
The Wharton School
Who Speaks The Culture Of The Corporation?, Gwendolyn Gordon
Michigan Business & Entrepreneurial Law Review
Recent cases – Burwell v Hobby Lobby Stores and Citizens United chief among them – evince a new understanding of the nature of the corporation and its place in society. Whether a corporation has rights – such as those of religious exercise – is not, however, just a question of legal interpretation. To answer this question requires a theory of group or cultural identity, that is, a theory of how a group may have “culture” separate and apart from those of the individuals that comprise it. And such a theory must address how to understand the meaning of culture when …
Affirmative Action Returns To The Supreme Court,
2016
University of Dayton
Affirmative Action Returns To The Supreme Court, Charles J. Russo
Educational Leadership Faculty Publications
One of the most hotly contested issues in education during the past-half century is affirmative action, also known as race-based admissions policies. Supporters defend the practice as one designed to take “affirmative” steps to eliminate the present effects of past discrimination. Critics respond that these policies do not address how granting preferences today remedies past harms, especially because individuals who are passed over when affirmative action is applied played no role in creating past inequities.
Insofar as debate over affirmative action has heated up yet again, this column briefly examines the history of Fisher v. University of Texas II (2016) …
Superfund Chaos Theory: What Happens When The Lower Federal Courts Don't Follow The Supreme Court,
2016
Suffolk University Law School
Superfund Chaos Theory: What Happens When The Lower Federal Courts Don't Follow The Supreme Court, Steven Ferrey
Michigan Journal of Environmental & Administrative Law
There is legal chaos in the national Superfund. The Supreme Court reversed decisions of eleven federal circuit courts in United States v. Atlantic Research Corp. There is no instance in modern Supreme Court history where the Court reversed every federal circuit court in the country, as it did in Atlantic Research. The Supreme Court’s reversal was through a unanimous decision. This was extraordinary: It not only reversed the entire legal interpretation of one of America’s most critical statutes, but also re-allocated billions of dollars among private parties.
The Supreme Court, when it rendered its decision, seemed to be rectifying a …
Defining Ambiguity In Broken Statutory Frameworks And Its Limits On Agency Action,
2016
Michigan Supreme Court
Defining Ambiguity In Broken Statutory Frameworks And Its Limits On Agency Action, Amanda Urban
Michigan Journal of Environmental & Administrative Law
“The Problem” occurs when a statute’s provisions become contradictory or unworkable in the context of new or unforeseen phenomena, yet the statute mandates agency action. The application of an unambiguous statutory provision may become problematic or unclear. Similarly, unambiguous provisions may become inconsistent given a particular application of the statute. During the same term, in Scialabba and UARG, the Supreme Court performed a Chevron review of agency interpretations of statutes facing three variations of the Problem, which this Note characterizes as direct conflict, internal inconsistency, and unworkability. In each case, the Court defined ambiguity in various, nontraditional ways and …
Justice Scalia’S Bottom-Up Approach To Shaping The Law,
2016
William & Mary Law School
Justice Scalia’S Bottom-Up Approach To Shaping The Law, Meghan J. Ryan
William & Mary Bill of Rights Journal
Justice Antonin Scalia is among the most famous Supreme Court Justices in history. He is known for his originalism and conservative positions, as well as his witty and acerbic legal opinions. One of the reasons Justice Scalia’s opinions are so memorable is his effective use of rhetorical devices, which convey colorful images and understandable ideas. One might expect that such powerful opinions would be effective in shaping the law, but Justice Scalia’s judicial philosophy was often too conservative to persuade a majority of his fellow Justices on the Supreme Court. Further, his regular criticisms of his Supreme Court colleagues were …
The Distinctive Role Of Justice Samuel Alito: From A Politics Of Restoration To A Politics Of Dissent,
2016
Texas A&M University School of Law
The Distinctive Role Of Justice Samuel Alito: From A Politics Of Restoration To A Politics Of Dissent, Neil S. Siegel
Faculty Scholarship
Justice Samuel Alito is regarded by both his champions and his critics as the most consistently conservative member of the current Supreme Court. Both groups seem to agree that he has become the most important conservative voice on the Court. Chief Justice John Roberts has a Court to lead; Justice Antonin Scalia and his particular brand of originalism have passed on; Justice Clarence Thomas is a stricter originalist and so writes opinions that other Justices do not join; and Justice Anthony Kennedy can be ideologically unreliable. Justice Alito, by contrast, is unburdened by the perceived responsibilities of being Chief Justice, …
Insider Trading Law That Works: Using Newman And Salman To Update Dirks'S Personal Benefit Standard,
2016
Loyola Marymount University and Loyola Law School
Insider Trading Law That Works: Using Newman And Salman To Update Dirks'S Personal Benefit Standard, Mark Hayden Adams
Loyola of Los Angeles Law Review
No abstract provided.
