All Articles tagged jurisprudence

• State Constitutional Commentary
  November 20, 2022 EDT
  WHAT IS A “STATE”? THE INCONSISTENT CONSTITUTIONAL TREATMENT OF UNITED STATES TERRITORIES
  Anthony M. Ciolli

  Federal courts have taken an approach that bears resemblance to the Insular Cases--a territory is not a state when treating it as such would grant the territory greater rights.

• General
  October 18, 2022 EDT
  UNEASY LIES THE HEAD THAT WEARS THE CROWN: A CHIEF JUSTICE’S STRUGGLE FOR HIS COURT
  Benjamin Pomerance

  Following the passing of Justice Ginsburg, and the ascendancy of Justice Barrett, Chief Justice Roberts's role on the Court has changed -- and changed in some dramatic ways.

• General
  March 16, 2017 EDT
  WHY DAIMLER ACCOMMODATES PERSONAL JURISDICTION IN MASS TORT LITIGATIONS
  Alani Golanski

  When she authored the majority opinion in Daimler AG v. Bauman, did Justice Ruth Bader Ginsburg intend to fracture mass tort litigations that involve numerous out-of-state defendants and plaintiffs?

• General
  June 15, 2016 EDT
  AN ELASTIC AMENDMENT: JUSTICE STEPHEN G. BREYER’S FLUID CONCEPTIONS OF FREEDOM OF SPEECH
  Benjamin Pomerance

  This article attempts to add greater clarity to the ongoing questions about Justice Breyer’s inclinations in the area of freedom of speech.

• Justice Commentaries
  May 02, 2016 EDT
  MENTAL COMPETENCY LAW AND PLEA BARGAINING: A NEUROPHENOMENOLOGICAL CRITIQUE
  Robert SchehrChelsea French

  This article argues that the jurisprudential assumption that human beings are rational actors capable of making decisions that maximize their interests is, when exposed to social and natural science, flawed.

• General
  May 13, 2014 EDT
  A CHAMPION FOR AFRICAN FREEDOM: PAUL ROBESON AND THE STRUGGLE AGAINST APARTHEID
  Penelope Andrews

  This article examines the legal developments in South Africa with the collapse of formal apartheid, and outlines the broad contours of the constitutional text.

• General
  January 01, 2013 EDT
  EXCEPTIONAL FREEDOM—THE ROBERTS COURT, THE FIRST AMENDMENT, AND THE NEW ABSOLUTISM
  Ronald K.L. Collins

  Foreword that outlines some preliminary ideas regarding that tenet of the Roberts Court‘s jurisprudence and what it may portend for the future of our free speech law.

• General
  January 01, 2013 EDT
  CATEGORIES, TIERS OF REVIEW, AND THE ROILING SEA OF FREE SPEECH DOCTRINEAND PRINCIPLE: A METHODOLOGICAL CRITIQUE OF UNITED STATES V. ALVAREZ
  Rodney A. Smolla

  In United States v. Alvarez, the Supreme Court struck down the Stolen Valor Act. The failure of five Justices to agree on a rationale is the focus of this article.

• General
  January 01, 2013 EDT
  THE SUPREME COURT AND POLITICAL SPEECH IN THE 21ST CENTURY: THE IMPLICATIONS OF HOLDER V. HUMANITARIAN LAW PROJECT
  Marjorie Heins

  This article surveys reactions to Holder in the broader context of the Roberts Court‘s First Amendment jurisprudence, and cautiously assesses the likely long-term consequences of the decision.

• State Constitutional Commentary
  August 08, 2009 EDT
  WE’RE FROM VERMONT AND WE DO WHAT WE WANT: A “RE”-EXAMINATION OF THE CRIMINAL JURISPRUDENCE OF THE VERMONT SUPREME COURT
  Nathan Sabourin

  This article aims to demonstrate that things have not changed since 1997 when it comes to the Vermont Supreme Court’s decision-making trends.

• State Constitutional Commentary
  August 08, 2009 EDT
  STATE CONSTITUTIONAL ADJUDICATION IN A FOOTNOTE? A CRITIQUE OF THE SUPREME COURT OF LOUISIANA’S DECISION IN STATE V. KENNEDY
  Kevin Blackwell

  This article explores what the standard for excessive punishment under the Constitution of Louisiana is, and how the Supreme Court of Louisiana could have adjudicated State v. Perry more appropriately.

• State Constitutional Commentary
  August 08, 2009 EDT
  BATTLING THE THREAT: THE SUCCESSFUL PROSECUTION OF DOMESTIC VIOLENCE AFTER DAVIS V. WASHINGTON
  Katherine G. Breitenbach

  This article examines the progression of Confrontation Clause jurisprudence to predict the future of domestic violence prosecution.

• General
  January 01, 2006 EDT
  BRIEFLY RESUSCITATING THE GREAT WRIT: THE INTERNATIONAL COURT OF JUSTICE AND THE U.S. DEATH PENALTY
  Susan L. Karamanian

  Symposium remarks on citation to foreign precedent.

• General
  January 01, 2005 EDT
  JUVENILE EXECUTION, TERRORIST EXTRADITION, AND SUPREME COURT DISCRETION TO CONSIDER INTERNATIONAL DEATH PENALTY JURISPRUDENCE
  Elizabeth Burleson

  This article considers the obligations of a supreme court in a liberal democracy and the effect that public opinion has upon the legality of the death penalty.