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Now showing items 11-20 of 34
Making the Most of United States v. Jones in a Surveillance Society: A Statutory Implementation of Mosaic Theory
(Duke Journal of Constitutional Law & Public Policy, 2012)
In the Supreme Court's recent decision in United States v. Jones, a majority of the Justices appeared to recognize that under some circumstances aggregation of information about an individual through governmental surveillance ...
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, ...
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 ...
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 ...
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 Rides into the Sunset
(Constitutional Commentary, 2007)
In this essay, our third and last in a series, we employ our previously developed techniques to measure the power of the Justices in the Rehnquist Court over its full 11 year run. Once again, Justice Kennedy rises to the ...
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 ...