Law School Scholarly Works: Recent submissions
Now showing items 161-180 of 629
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Can Congress Create Procedures for the Supreme Court's Original Jurisdiction Cases?
(Green Bag Press, 2009)This article takes off from the short concurring opinion of Chief Justice Roberts (joined by Justice Souter) in Kansas v. Colorado, 556 U.S. (2009), to examine the constitutional text and historical precedent relevant to ... -
Wheaton v Greenleaf: A (Story) Tale of Three Reporters
(The Supreme Court Historical Society, 1999)This article recounts some of the history of the early reporters of the decisions of the Supreme Court of the United States, including the efforts of Justice Joseph Story to cultivate the regular and widely available ... -
Federal Environmental Law in the 'New Federalism' Era
(Environmental Law Institute (ELI), 2000)As we wrote last year, the U.S. Supreme Court has shown considerable interest during the past decade in reconsidering many constitutional doctrines regarding federalism and congressional power. In a series of important ... -
State Liability for Environmental Violations: The U.S. Supreme Court’s 'New' Federalism
(Environmental Law Institute (ELI), 1999)This article examines whether the Supreme Court’s decisions in Alden v. Maine, College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, and Florida Prepaid Postsecondary Education Expense Board v. ... -
An Analysis of the Supreme Court’s Reliance on Racial 'Stigma' as a Constitutional Concept in Affirmative Action Cases
(University of Michigan Law School, 1997)This article addresses one of the asserted costs of affirmative action: stigmatization. The article offers structure to the debate over the definition and constitutional significance of the concept of “stigmatization” in ... -
Sex Offenders and Mental Illness: A Lesson in Federalism and the Separation of Powers
(American Psychological Association, 1998)The Supreme Court’s recent decision in Kansas v. Hendricks provides an exclamation point to the proposition that the Court will defer to reasonable legislative judgments regarding the substance of state civil commitment ... -
The Constitutionality of Kansas Laws Targeting Sex Offenders
(Washburn University School of Law, 1997)Kansas, like many States, has enacted various laws in the past several years responding to concerns about sex offenders and public safety. Most prominent are state laws that substantially increase the criminal punishment ... -
Would Other Countries Protect the Phelpses’ Funeral Picketing?
(Benjamin N. Cardozo School of Law, 2010)This essay makes four comparative observations regarding the issues raised in Snyder v. Phelps. These observations are derived from the author’s experience teaching comparative freedom of speech and privacy principles in ... -
'Neighbors Beware': The Constitutionality of State Sex Offender Registration and Community Notification Laws
(Texas Tech University School of Law, 1998)All states now have sex offender registration laws, and all states have some form of community notification regarding, or public access to registrant information. This article evaluates two major constitutional challenges ... -
The Supreme Court's Treatment of Sovereigns as Amici Curiae
(Green Bag Press, 2011)This article traces the history of current Supreme Court Rule 37.4, which exempts the federal government, state governments, and local governments from rules that otherwise require consent of the parties to file an amicus ... -
Justice Byron White and the Brethren
(Green Bag Press, 2012)In 1979, Bob Woodward and Scott Armstrong caused quite a stir in the legal world with the publication of The Brethren: Inside the Supreme Court. Over the years, the authors have maintained that five sitting Justices assisted ... -
Individual Rights under a System of Dual Sovereignty: The Right to Keep and Bear Arms
(The University of Kansas School of Law, 2011)This article identifies and explains three fundamental propositions about the relationship between the federal and state constitutions, using examples to illustrate the general propositions. Those propositions are as ... -
A Marbury v. Madison Moment on the Eve of the Civil War
(Green Bag Press, 2011)On the occasion of its 150th anniversary, this article explores the background and the story of Kentucky v. Dennison, 65 U.S. (24 How.) 66 (1861), an important extradition case that the Supreme Court decided on the eve of ... -
Restricting Legislative Power to Tax in the United States
(University of Michigan Law School, 2006)The Government’s authority to impose taxes is one of its most pervasive and fundamental powers. In the United States, this power is granted to Congress by the U.S. Constitution with few explicit restrictions. Moreover, the ... -
More Mayo Please? Temporary Regulations after Mayo Foundation V. United States
(ABA Section of Taxation, 2011)The U.S. Supreme Court’s recent decision in Mayo Found. for Med. Educ. & Research v. United States, 131 S. Ct. 704 (2011), helped clarify the degree of deference courts should afford Treasury regulations. However, Mayo did ... -
Addressing Imperfections in the Tax System: Procedural or Substantive Reform?
(The University of Michigan Law School, 2005)In his book "Perfectly Legal: The Covert Campaign to Rig Our Tax System to Benefit the Super Rich - and Cheat Everybody Else", David Cay Johnston, the Pulitzer Prize-winning reporter for the New York Times, covers a wide ... -
Restating the U.S. Law of International Commercial Arbitration
(American Society of International Law, 2009)In December 2007, the American Law Institute ("ALI") approved the development of a new Restatement, Third, of the U.S. Law of International Commercial Arbitration (the "Restatement"). On February 23, 2009, the Restaters ... -
Judicial Activism and Restraint in the Supreme Court's Environmental Law Decisions
(Villanova Law School, 1989)The proper role of the courts in our system of government has long been the source of considerable controversy. The environmental law decisions of the United States Supreme Court illustrate the opportunities for, and ... -
Political Process and Individual Fairness Rationales in the U.S. Supreme Court’s Suspect Classification Jurisprudence
(Washburn University School of Law, 2010)This essay responds to the Foulston, Siefkin Lecture, delivered by Professor William Eskridge at the Washburn University School of Law. Professor Eskridge challenged not only the argument that political powerlessness is a ... -
Measuring Rates of Return for Lobbying Expenditures: An Empirical Case Study of Tax Breaks for Multinational Corporations
(University of Virginia School of Law, 2009)In this paper we use audited corporate tax disclosures relating to a tax holiday on repatriated earnings created by the American Jobs Creation Act of 2004 to examine the return on lobbying. We find firms lobbying for this ...