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Now showing items 1-10 of 11
Res Ipsa Loquitur (Or Why the Other Essays Prove My Point)
(Vanderbilt Law Review, 2013)
As all the Roundtable essays note, DaimlerChrysler asks the Supreme Court to decide whether and when the in-forum activities of a corporate subsidiary should give rise to general personal jurisdiction over the corporate ...
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 ...
Hogs Get Slaughtered at the Supreme Court
(The Supreme Court Review, 2011)
Class action plaintiffs lost two major five-to-four cases last Term, with potentially significant consequences for future class litigation: AT&T Mobility v. Concepcion and Wal-Mart v. Dukes. The tragedy is that the impact ...
Democracy's Distrust: Contested Values and the Decline of Expertise
(Harvard Law Review Forum, 2011)
This response to Professor Dan Kahan’s recent Harvard Foreword, Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law, argues that while Kahan accurately describes the contemporary “neutrality ...
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, ...
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. ...
Irresponsibility Breeds Contempt
(Green Bag 2D, 2002)
Everyone is picking on the Supreme Court these days. To be sure, some of the
criticism is warranted: the Court has butchered history - to say nothing of constitutional
text - in its attempt to interpret the Eleventh ...
Why We Need More Judicial Activism
(Green Bag, 2013)
Too much of a good thing can be bad, and democracy is no exception. In the United States, the antidote to what the drafters of the Constitution called “the excess of democracy” is judicial review. Lately, however, judicial ...
What's Law Got to Do With It?
(Perspectives on Politics, 2004)
The authors of this fascinating study modestly disclaim its significance, yet suggest that the results prove their model a success. As a legal expert, I have a rather different perspective on the results. I look at the ...
The Four Pillars of Constitutional Doctrine
(Cardozo Law Review, 2011)
Constitutional interpretation, and thus constitutional doctrine, is inevitably controversial. Judges, scholars, lawyers, politicians, and the American public all disagree among themselves, not only about the correct ...