Search
Now showing items 21-30 of 95
The Forgotten Victims
(University of Colorado Law Review, 1992)
The attention and hand-wringing lavished on race relations by Aleinikoff and many others obscures the fact that by every measurement of formal equality, and by many measures of substantive equality, white women are further ...
Perspectives: Law in the Grand Manner
(Constitutional Commentary, 1985)
Being a Supreme Court justice must have been more fun in the eighteenth century than it is today. The caseload was lighter, and the Court was a social as well as a political center., The justices also apparently felt ...
The Unmaking of a Precedent
(Supreme Court Review, 2003)
How far can you stretch precedent before it breaks? The 2002 Term suggests that some Justices seem to think that treating precedent like silly putty is preferable to acknowledging that it might be in need of revision. But ...
Separation of Powers: Asking a Different Question
(Williamn and Mary Law Review, 1989)
What I find most intriguing about Professor Casper's essay1 is its historical description of the founders' attitude not so much toward "separation of powers," but toward separation of powers "questions." In other words, I ...
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. ...
Judicial Federalism in the Trenches: The Rooker-Feldman Doctrine in Action
(Notre Dame Law Review, 1999)
One little-noticed side effect of the litigation explosion in this country is the exponential growth of federal doctrines designed to simplify complex litigation. Many of these doctrines have been created and applied largely ...
The 200,000 Cards of Dimitri Yurasov: Further Reflections on Scholarship and Truth
(Stanford Law Review, 1994)
Last April, Professors Daniel Farber and Suzanna Sherry published a critique in these pages of the legal storytelling movement. Their legal position has been the subject of several responses, including an essay by Professor ...
Judges of Character
(Wake Forest L. Rev., 2003)
For forty years, legal academics have been lost in a wilderness born of the countermajoritarian difficulty. Despite a two-century pedigree, we are still arguing about the legitimacy of judicial review and asking whether ...
The Pariah Principle
(Constitutional Commentary, 1996)
The Supreme Court's recent decision in Romer v. Evans' has caused both joy and consternation. Among legal scholars, however, it has mostly engendered puzzlement. The Court explicitly avoided the most doctrinally plausible ...
Lee v. Weisman: Paradox Redux
(Supreme Court Review, 1992)
For more than two decades, the Supreme Court's Establishment Clause jurisprudence was "at war with" its Free Exercise jurisprudence. In recent years, however, two major decisions--"Employment Division v. Smith" and "Lee ...