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Now showing items 1-10 of 34
The Forest and the Trees
(Vanderbilt Lawyer, 2002)
Ask those who carefully follow the Supreme Court, and they will tell you that--for good or bad, depending on their perspective--the current Supreme Court has reduced to near rubble the metaphorical wall separating church ...
Golan v. Holder: A Look at the Constraints Imposed by the Berne Convention
(Vanderbilt Law Review, 2011)
One of the central issues in the Golan v. Holder litigation is the extent to which the United States had flexibility to tailor the protection of existing works that had fallen in the public domain when it joined the Berne ...
The Most Dangerous Justice Rides Again: Revisiting the Power Pageant of the Justices
(Minnesota Law Review, 2001)
Who is the most powerful Supreme Court Justice? In 1996 we measured voting power on the Court according to each Justice's ability to form five-member coalitions. From the set of all coalitions formed by the Court during ...
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 ...
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 ...
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. ...
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 ...
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 ...
Cartels by Another Name: Should Licensed Occupations Face Antitrust Scrutiny?
(University of Pennsylvania Law Review, 2014)
It has been over a hundred years since George Bernard Shaw wrote that “[a]ll professions are a conspiracy against the laity.” Since then, the number of occupations and the percentage of workers subject to occupational ...
How is Constitutional Law Made?
(Michigan Law Review, 2002)
Professors George and Pushaw review Maxwell L. Stearns’ book, "Constitutional Process: A Social Choice Analysis of Supreme Court decision making." In his book, Stearns demonstrates that the U.S. Supreme Court fashions ...