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Having it Both Ways: Proof That the U.S. Supreme Court is "Unfairly" Prosecution-Oriented
(Florida Law Review, 1996)
If the assertions that this essay makes about the Court's "unfair" prosecution-orientation withstand scrutiny,"3 two further conclusions might follow. First, the highest court in the country is so fixated on ensuring that ...
Not "Wrongful" by Any Means: The Court's Decisions in the Redistricting Cases
(Houston Law Review, 1997)
Minority representation itself should be viewed by the voting rights community as something much broader than the representation that takes place when voters and legislators share skin pigmentation. The Supreme Court and ...
The Barking Dog
(Case Western Reserve Law Review, 1996)
Professor Tushnet, and indeed many of the participants in this symposium, seem to believe that United States v. Lopez will have some lasting significance. Those participants who disagree have suggested that the case's lack ...
Duel Diligence: Second Thoughts About the Supremes as the Sultans of Swing
(Southern California Law Review, 1996)
We respond to Professor Lynn A. Baker's criticisms of our article, The Most Dangerous Justice: The Supreme Court at the Bar of Mathematics. Professor Baker fundamentally misunderstands our measure of Supreme Court voting ...
RFRA-Vote Gambling: Why Paulsen is Wrong, As Usual
(Constitutional Commentary, 1997)
Supreme Court currents are no less treacherous to navigators than are river currents-and, as Michael Paulsen himself has previously pointed out, RFRA shares more than a linguistic resonance with a river.1 Unfortunately, ...
Supreme Court's Rulings on Congressional Districts Could Benefit Minority Voters
(The Chronicle of Higher Education, 1996)
With the Supreme Court's latest rulings, redistricters can no longer pack minority voters into super-minority districts. The effect of those decisions thus may ulti mately be far more beneficial for minority group voters ...
Jaffee v. Redmond: Towards Recognition of a Federal Counselor-Battered Woman Privilege
(Creighton Law Review, 1997)
Part I of this Article reviews the Jaffee decision.' Part II discusses the meaning of the Supreme Court's opinion, focusing on the Court's analysis of the important interests at stake in recognizing the asserted testimonial ...
Employment Discrimination: An Overview of the 1989 Supreme Court Term
(Law & Inequality, 1990)
Many of you have seen or heard in the media much discussion about last term's employment discrimination cases. Indeed, last term there was an extraordinary amount of activity in the Supreme Court on employment discrimination. ...
The Most Dangerous Justice: The Supreme Court at the Bar of Mathematics
(Southern California Law Review, 1996)
We analyze the relative voting power of the Justices based upon Supreme Court decisions during October Term 1994 and October Term 1995. We take two approaches, both based on ideas derived from cooperative game theory. One ...
The Practice of Dissent in the Supreme Court
(Yale Law Journal, 1996)
The United States Supreme Court's connection to the ideal of the rule of law is often taken to be the principal basis of the Court's political legitimacy. In the Supreme Court's practices, however, the ideal of the rule ...