Narrowing Supreme Court precedent from below
RM Re - Geo. lJ, 2015 - HeinOnline
Narrowing Supreme Court Precedent from Below Page 1 Narrowing Supreme Court Precedent
from Below RICHARD M. RE* Lower courts supposedly follow Supreme Court precedent-but …
from Below RICHARD M. RE* Lower courts supposedly follow Supreme Court precedent-but …
Forum selling
D Klerman, G Reilly - S. Cal. L. Rev., 2015 - HeinOnline
Forum shopping is problematic because it may lead to forum selling. For diverse motives,
including prestige, local benefits, or re-election, some judges want to hear more cases …
including prestige, local benefits, or re-election, some judges want to hear more cases …
Beyond the Marks Rule
RM Re - Harv. L. Rev., 2018 - HeinOnline
The link between decisional efficiency and precedent formation also sheds light on a
number of broader issues in the law of precedent, including: whether to adhere to the results …
number of broader issues in the law of precedent, including: whether to adhere to the results …
Demystifying Nationwide Injunctions
AM Trammell - Tex. L. Rev., 2019 - HeinOnline
In April 2017, then-Attorney General Jeff Sessions famously declared himself" amazed" that
a single" judge sitting on an island in the Pacific" could enjoin the President from enforcing …
a single" judge sitting on an island in the Pacific" could enjoin the President from enforcing …
Questioning Marks: Plurality Decisions and Precedential Constraint
RC Williams - Stan. L. Rev., 2017 - HeinOnline
Understanding the precedential significance of Supreme Court plurality decisions is a task
that has long confounded lower court judges. Surprisingly, the Supreme Court has offered …
that has long confounded lower court judges. Surprisingly, the Supreme Court has offered …
Civil rights ecosystems
JC Schwartz - Mich. L. Rev., 2019 - HeinOnline
CIVIL RIGHTS ECOSYSTEMS Page 1 CIVIL RIGHTS ECOSYSTEMS Joanna C. Schwartz* The
Philadelphia and Houston Police Departments are similarly sized, but over a recent two-year …
Philadelphia and Houston Police Departments are similarly sized, but over a recent two-year …
Iron-ing out Circuit Splits: A Proposal for the Use of the Irons Procedure to Prevent and Resolve Circuit Splits Among United States Courts of Appeals
JM Cohen, DS Cohen - Calif. L. Rev., 2020 - HeinOnline
For decades, the United States courts of appeals have faced increasing caseloads that now
are widely recognized as a threat to the courts' ability to dispense consistent and timely …
are widely recognized as a threat to the courts' ability to dispense consistent and timely …
The Emerging Principles of Fourth Amendment Privacy
M Tokson - Geo. Wash. L. Rev., 2020 - HeinOnline
ABSTRACT The Fourth Amendment applies when the government violates a citizen's"
reasonable expectation of privacy." But the Supreme Court has never explained what makes …
reasonable expectation of privacy." But the Supreme Court has never explained what makes …
The effect of legislation on Fourth Amendment protection
OS Kerr - Mich. L. Rev., 2016 - HeinOnline
When judges interpret the Fourth Amendment, and privacy legislation regulates the
government's conduct, should the legislation have an effect on the Fourth Amendment …
government's conduct, should the legislation have an effect on the Fourth Amendment …