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Now showing items 21-30 of 34
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 ...
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, ...
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 ...
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 ...
Regulatory Economics in the Courts: An Analysis of Judge Scalia's NHTSA Bumper Decision
(Law & Contemporary Problems, 1987)
The automobile bumper standard issued by the National Highway Traffic Safety Administration (NHTSA) in 1982 was the product of a decade of policy debate.' This debate continued in the courts until ultimately the NHTSA ...
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 ...
The Federal Court System: A Principal-Agent Perspective
(Saint Louis University Law Journal, 2003)
Like Congress, the Supreme Court must delegate a great deal of its work, in this case to lower courts rather than to agencies. Since the Supreme Court is formally at the apex of the judicial pyramid, the Court's decisions ...
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 ...
Emotional Common Sense as Constitutional Law
(Vanderbilt Law Review, 2009)
In Gonzales v. Carhart the Supreme Court invoked post-abortion regret to justify a ban on a particular abortion procedure. The Court was proudly folk-psychological, representing its observations about women's emotional ...