Scholarship highlight: Who should resolve issues relating to the Federal...
Lumen N. Mulligan is Professor of Law and Director of the Shook, Hardy & Bacon Center for Excellence in Advocacy at the University of Kansas School of Law. Glen Staszewski is the A.J. Thomas...
View ArticleAcademic highlight: The media and the Court
The media provides essential information about the Supreme Court to the general public, translating complex decisions into language that the lay person can understand. Informed and responsible press...
View ArticleScholarship highlight: How the Justices move the law
Without doubt, the Supreme Court’s most prominent decision so far under the leadership of Chief Justice John Roberts has been Citizens United v. FEC. This five-to-four decision, striking down corporate...
View ArticleAcademic highlight: Looking at Padilla and its impact
Although scholars and practitioners have long been aware of the intersections between criminal and immigration law, the Supreme Court inextricably linked the two in Padilla v. Kentucky when it...
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Legal scholarship highlight: Activism and the Roberts Court
Lee Epstein is the Provost Professor of Law and Political Science and the Rader Family Trustee Chair in Law at the University of Southern California. Andrew D. Martin is Vice Dean and Professor of Law...
View ArticleLegal scholarship highlight: The impact of Ashcroft v. Iqbal on civil rights...
Ray Brescia is an Assistant Professor of Law at Albany Law School. In May 2009, the Supreme Court issued its decision in Ashcroft v. Iqbal, which explicitly extended the “plausibility standard,” first...
View ArticleAcademic highlight: A tribute to Justice Stevens
Northwestern University Law Review has recently published a symposium issue celebrating the life and work of Justice John Paul Stevens. Nearly sixty-five years after his graduation from that law...
View ArticleAcademic highlight: Hasen on the resurrection of Bush v. Gore
In his forthcoming contribution to the George Washington University Law Review’s Law and Democracy symposium, Professor Richard Hasen describes the Sixth Circuit’s surprising “resurrection” of the...
View ArticleScholarship highlight: The Warren Court’s constitutional conservatism
Justin Driver is an assistant professor at the University of Texas School of Law and a contributing editor at The New Republic. This post is drawn from his recent article, The Constitutional...
View ArticleAcademic highlight: Clashing perspectives in the Harvard Law Review’s 2011...
The Supreme Court’s 2011 Term captured the nation’s attention as almost never before. Decisions upholding the constitutionality of the Patient Protection and Affordable Care Act, analyzing the role of...
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Scholarship highlight: End of the Supreme Court-Congress dialogue?
Political polarization in Congress seems to be affecting the relationship between Congress and the Supreme Court, inadvertently strengthening the Court at the expense of Congress. These days – unlike...
View ArticleScholarship highlight: Supreme Court recusal and the separation of powers
Lou Virelli is an Associate Professor of Law at Stetson University College of Law. Much has been said and reported recently about the recusal of Supreme Court Justices. All manner of commentators,...
View ArticleAcademic highlight: David Kaye on the Fourth Amendment and DNA sampling
On February 26, the Court will hear argument in Maryland v. King. At issue is whether the Fourth Amendment bars Maryland from gathering DNA samples from individuals arrested for, but not convicted of,...
View ArticleAcademic highlight: Amar on the constitutionality of the Voting Rights Act
The Voting Rights Act (VRA) requires that certain states with a history of discrimination in voting obtain preapproval from federal officials before making changes in their voting procedures. The...
View ArticleScholarship highlight: Can the Court change Americans’ views?
Katerina Linos is an Assistant Professor at Berkeley Law and Kim Twist is a PhD candidate in the political science department at Berkeley. Last Term’s decision on the Affordable Care Act, and this...
View ArticleLegal scholarship highlight: A clinic’s place in the Supreme Court bar
As most readers of this blog are well aware, the past several years have witnessed the emergence of a new phenomenon: clinics in law schools that litigate cases in the Supreme Court. (I co-direct one...
View ArticleScholarship highlight: The Court as a campaign issue
The following is a summary of Professor Ross’s recent article that appeared in the Journal of Supreme Court History. Although the Supreme Court’s decisions have far-reaching political consequences and...
View ArticleAcademic highlight: Internal memos of Greenmoss case reveal doubts about...
Lee Levine and Stephen Wermiel’s account of the internal history of the Supreme Court’s decision in Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. convincingly demonstrates the utility of the...
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Scholarship highlight: The conversation has changed but the Court-Congress...
In Constitutional Interpretation and Congressional Overrides: Emerging Trends in Court-Congress Relations, a paper that I presented at the 2013 Western Political Science Association’s Annual Meeting, I...
View ArticleAcademic round-up: Wrestling with recess appointments
Although most petitioners face long odds of convincing the Court to grant review, there are exceptions. The Solicitor General’s petition seeking review of the D.C. Circuit’s decision restricting the...
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