Certiorari in Important Cases
TN Narechania - Columbia Law Review, 2022 - JSTOR
The Supreme Court has wide discretion to choose the cases it will decide. But how does the
Court exercise this discretion? The Supreme Court's rules explain that it may hear any case …
Court exercise this discretion? The Supreme Court's rules explain that it may hear any case …
Legislative Constitutionalism and Federal Indian Law
M Blackhawk - Yale LJ, 2022 - HeinOnline
The United States has reached a moment in its constitutional history when the Supreme
Court has asserted itself as not only one of, but the exclusive, audience to ask and answer …
Court has asserted itself as not only one of, but the exclusive, audience to ask and answer …
State constitutional rights and democratic proportionality
J Bulman-Pozen, M Seifter - Columbia Law Review, 2023 - JSTOR
State constitutional law is in the spotlight. As federal courts retrench on abortion, democracy,
and more, state constitutions are defining rights across the nation. Despite intermittent calls …
and more, state constitutions are defining rights across the nation. Despite intermittent calls …
The modern state and the rise of the business corporation
This Article argues that the rise of the modern state was a necessary condition for the rise of
the business corporation. A typical business corporation pools together a large number of …
the business corporation. A typical business corporation pools together a large number of …
Selective Originalism and Judicial Role Morality
RH Fallon Jr - Tex. L. Rev., 2023 - HeinOnline
The Justices of the Supreme Court increasingly claim to be originalists. Yet close
examination reveals that the Court's actual reliance on originalist analysis is highly selective …
examination reveals that the Court's actual reliance on originalist analysis is highly selective …
The False Promise of Jurisdiction Stripping
D Epps, AM Trammell - Columbia Law Review, 2023 - JSTOR
Jurisdiction stripping is seen as a nuclear option. Its logic is simple: By depriving federal
courts of jurisdiction over some set of cases, Congress ensures those courts cannot render …
courts of jurisdiction over some set of cases, Congress ensures those courts cannot render …
Power and politics in original jurisdiction
ZD Clopton - U. Chi. L. Rev., 2024 - HeinOnline
In the wake of the Supreme Court's decision in Dobbs v. Jackson Women's Health
Organization, 1 reproductive justice advocates have repaired to state courts, seeking to …
Organization, 1 reproductive justice advocates have repaired to state courts, seeking to …
Secret Shoals of the Shadow Docket
AJ Wistrich - Nev. LJ, 2022 - HeinOnline
The shadow docket3 has become a hot topic. 4 The term is a" catchy" 5 name for the set of
truncated procedures that the Supreme Court uses to simplify and expedite its decision …
truncated procedures that the Supreme Court uses to simplify and expedite its decision …
A Tribute to R. Kent Greenawalt: Scholar-Teacher, Teacher-Scholar
P Horwitz - Colum. L. Rev., 2023 - HeinOnline
In the vast majority of federal cases, interpretive decisions by the US Courts of Appeals are
never reexamined by the US Supreme Court. Over time, the circuit courts may also come to …
never reexamined by the US Supreme Court. Over time, the circuit courts may also come to …
Court Reform and the Promise of Justice: Lessons from Reconstruction
DH Gans - Lewis & Clark L. Rev., 2023 - HeinOnline
Calls for court expansion are in the air. On the floor of Congress, speakers insist that the
Supreme Court has disgraced itself and that if the Court will not respect the rights of the …
Supreme Court has disgraced itself and that if the Court will not respect the rights of the …