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U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson 2020 Alexander Blewett III School of Law at the University of Montana 81818app手机版下载

U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson

Public Land & Resources Law Review

81818app手机版下载The United States Supreme Court ruled in favor of the United States Forest Service and Atlantic Coast Pipeline, LLC, a company who planned to construct a natural gas pipeline under a section of the Appalachian National Scenic Trail within the George Washington National Forest. The legal battle sought to clarify whether the United States Forest Service had the authority to grant the pipeline builder a right-of-way across the Appalachian Trail. The Court ruled that the National Park Service holds an easement for administering the Appalachian Trail, but the land over which the trail crosses remains under the jurisdiction of the ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

81818app手机版下载Table of Contents


Visions Of The Republic Symposium: School Funding Under The Neutrality Principle: Notes On A Post-Espinoza Future, Aaron Saiger 2020 Fordham University School of Law 81818app手机版下载

Visions Of The Republic Symposium: School Funding Under The Neutrality Principle: Notes On A Post-Espinoza Future, Aaron Saiger

Fordham Law Review Online

81818app手机版下载Based on current conditions, and for a variety of reasons, the best guess—and it is only a guess—is that common schooling might be forced to give way before a rigorously read First Amendment duty of the state to avoid preferring irreligion over religion. This need not signal the end of the Progressive educational vision, however. It will be possible for those committed to the values inherent in common schooling to regroup, reconsidering some of their positions in order to advance their core commitments.


Constitutionalizing Financial Stability, Patricia A. McCoy 2020 Boston College Law School

Constitutionalizing Financial Stability, Patricia A. Mccoy

Boston College Law School Faculty Papers

In the last Supreme Court term, the Court ruled in Seila Law LLC v. Consumer Financial Protection Bureau that Article II of the U.S. Constitution and separation of powers prohibit Congress from shielding the Bureau’s director from termination except for cause. Seila Law has natural implications for the CFPB’s independence (although the magnitude of that effect is unclear). More troubling, Seila Law could open up the financial system to destabilization by paving the path for a full-scale assault on the traditional independence of federal financial regulators and presidential manipulation of the economy.

Seila Law erodes independent agency ...


Invasion Of The Content-Neutrality Rule, William D. Araiza 2020 Brigham Young University Law School 81818app手机版下载

Invasion Of The Content-Neutrality Rule, William D. Araiza

BYU Law Review

No abstract provided.


Recent Developments, Peyton Hildebrand 2020 University of Arkansas, Fayetteville 81818app手机版下载

Recent Developments, Peyton Hildebrand

Arkansas Law Review

81818app手机版下载In a 5-4 opinion, the United States Supreme Court once again denied a Bivens action. This case involved a tragic crossborder shooting by a border patrol agent standing on United States soil, who shot and killed a young boy standing on Mexican soil. Petitioners, the boy’s parents, sought relief under Biven2, arguing the agent’s action violated the Constitution. However, the Court determined the cross-border shooting was a new Bivens context, which required an analysis of whether any special factors “counseled hesitation” for the cause of action to be extended. The Court concluded Bivens was inappropriate because several factors ...


Stare Decisis And The Identity-Over-Time Problem: A Comment On The Majority's Wrongness In Kisor V. Wilkie, Christian Talley 2020 Southern Methodist University 81818app手机版下载

Stare Decisis And The Identity-Over-Time Problem: A Comment On The Majority's Wrongness In Kisor V. Wilkie, Christian Talley

SMU Law Review Forum

In Kisor v. Wilkie, the Supreme Court recently confronted whether to overrule the doctrine under which courts defer to agencies’ interpretations of their own ambiguous regulations—so-called Auer or Seminole Rock deference. In its prior reexaminations of Seminole Rock, the Court had progressively restricted the doctrine’s scope, leading observers to wonder whether the Justices would scrap it for good. This question of administrative law ignited a corollary debate about stare decisis. Writing for the majority, Justice Kagan argued that stare decisis mandated the preservation of Seminole Rock81818app手机版下载. Yet as she appealed to stare decisis, her opinion further restricted the ...


Secondary Meaning And Religion: An Analysis Of Religious Symbols In The Courts, Eric D. Yordy, Elizabeth Brown 2020 William & Mary Law School

Secondary Meaning And Religion: An Analysis Of Religious Symbols In The Courts, Eric D. Yordy, Elizabeth Brown

William & Mary Bill of Rights Journal

81818app手机版下载In the Supreme Court’s most recent freedom of religion case, Justice Alito and Justice Ginsburg disagreed about the actual and potential meaning of the Latin cross, a traditional symbol of Christianity in which the upright leg of the cross is longer than the horizontal arms of the cross. Justice Alito stated that the Latin cross, while not losing its religious meaning, has acquired what might be called a “secondary meaning” as a symbol of World War I. He couched his analysis in language suggesting that a religious symbol’s meaning may depend on its circumstances. While he also denied ...


Dissent, Disagreement And Doctrinal Disarray: Free Expression And The Roberts Court In 2020, Clay Calvert 2020 William & Mary Law School

Dissent, Disagreement And Doctrinal Disarray: Free Expression And The Roberts Court In 2020, Clay Calvert

William & Mary Bill of Rights Journal

Using the United States Supreme Court’s 2019 rulings in Manhattan Community Access Corp. v. Halleck, Nieves v. Bartlett, and Iancu v. Brunetti as analytical springboards, this Article explores multiple fractures among the Justices affecting the First Amendment freedoms of speech and press. All three cases involved dissents, with two cases each spawning five opinions. The clefts compound problems witnessed in 2018 with a pair of five-to-four decisions in National Institute of Family and Life Advocates v. Becerra and Janus v. American Federation of State, County, and Municipal Employees. Partisan divides, the Article argues, are only one problem with First ...


Court Expansion And The Restoration Of Democracy: The Case For Constitutional Hardball, Aaron Belkin 2020 Pepperdine University

Court Expansion And The Restoration Of Democracy: The Case For Constitutional Hardball, Aaron Belkin

Pepperdine Law Review

Neither electoral politics, norms preservation, nor modest good government reform can restore the political system because they cannot mitigate the primary threat to the American democracy, Republican radicalism. Those who believe otherwise fail to appreciate how and why radicalism will continue to impede democratic restoration regardless of what happens at the ballot box, misdiagnose the underlying factors that produce and sustain GOP radicalism, and under-estimate the degree of democratic deterioration that has already taken place. Republicans do not need to prevail in every election to forestall the restoration of democracy or to prevent Democrats from governing. The only viable path ...


A Call For America's Law Professors To Oppose Court-Packing, Bruce Ledewitz 2020 Pepperdine University 81818app手机版下载

A Call For America's Law Professors To Oppose Court-Packing, Bruce Ledewitz

Pepperdine Law Review

A Court-packing proposal is imminent. Mainstream Democratic Party Presidential Candidates are already supporting it. The number of Justices on the Supreme Court has been set at nine since 1869, but this is merely a statutory requirement. As soon as Democrats regain control of the Presidency and the Congress, Court-packing will be on the agenda, either expressly or under the guise of Court-reform. Now is the time for the American legal academy to join together to oppose this threat. Court-packing would threaten democracy, destroy the rule of law and undermine judicial independence. It is a pointless and unnecessary reaction born of ...


You Have One New Message—The Eleventh Circuit Correctly Applies The Spokeo Framework To Tcpa Claims For Unsolicited Text Messaging, Mary Love 2020 Southern Methodist University, Dedman School of Law

You Have One New Message—The Eleventh Circuit Correctly Applies The Spokeo Framework To Tcpa Claims For Unsolicited Text Messaging, Mary Love

SMU Law Review Forum

No abstract provided.


Industry-Influenced Evidence: Bias, Conflict, And Manipulation In Scientific Evidence, Dean A. Elwell 2020 Boston College Law School 81818app手机版下载

Industry-Influenced Evidence: Bias, Conflict, And Manipulation In Scientific Evidence, Dean A. Elwell

Boston College Law Review

In 2008, in Exxon Shipping Co. v. Baker, the U.S. Supreme Court refused to consider scientific studies that a litigant had funded. Despite this rejection, many courts have failed even to recognize the dangers of relying on such potentially biased research. As a result, standards for the admission of scientific evidence have evolved without accounting for the risks posed by industry-influenced evidence. This Note argues for meaningful admissibility reviews via mandatory disclosure of industry influence. In this context, the evidentiary fraud doctrine should guide applications of Frye v. United States and Daubert v. Merrell Dow Pharmaceuticals, Inc.


Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin 2020 Brooklyn Law School

Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin

Brooklyn Law Review

81818app手机版下载Personal jurisdiction is a threshold requirement for any civil court’s constitutional exercise of adjudicative authority over a defendant, and one of civil procedure’s most fundamental concepts. The Supreme Court is acutely aware of difficulties facing personal jurisdiction doctrine in an evolving world and the need for jurisprudential solutions to those problems. But recent inconsistent trends in Supreme Court personal jurisdiction jurisprudence have served to further complicate the doctrine. Such overcomplication often leads to unpredictability, which both increases expenses for litigants and creates additional work for the already overburdened federal civil docket. This problem is exacerbated when litigation arises ...


South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson 2020 Brooklyn Law School

South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson

Brooklyn Journal of Corporate, Financial & Commercial Law

81818app手机版下载For more than a century, brick-and-mortar retailers have been losing local customers—first with the rise of mail-order houses and then more acutely with the rapid growth of online retail. As a result, states have noticed a significant loss in sales tax revenue. While an equivalent amount of tax is typically still owed to the state in the form of a use tax, which is to be remitted to the state by the customer, because these taxes are not automatically collected at the time of the sale, customers have overwhelmingly elected not to pay them. In an effort to recover ...


The Enduring Challenges For Habeas Corpus, Diane P. Wood 2020 Chief Judge, United States Court of Appeals for the Seventh Circuit 81818app手机版下载

The Enduring Challenges For Habeas Corpus, Diane P. Wood

Notre Dame Law Review

Habeas corpus law has not remained static during the half century since Judge Friendly wrote, but neither has it provided satisfactory answers to the problems that he highlighted in his article. Unfortunately, many of the changes—well intended as they were by the enactors and implementers— have done nothing but create endless hurdles, loops, and traps for potential users. Enormous resources are poured into this elusive remedy. The rule of law is not well served when people are told that they have a remedy, but in fact they do not. Far better to have truth-in-labeling, so that the cases that ...


The Great Writ And Federal Courts: Judge Wood's Solution In Search Of A Problem, William H. Pryor Jr. 2020 Circuit Judge, United States Court of Appeals for the Eleventh Circuit

The Great Writ And Federal Courts: Judge Wood's Solution In Search Of A Problem, William H. Pryor Jr.

Notre Dame Law Review

Judge Diane Wood provides, in her characteristically efficient prose, a thoughtful overview of the history of the Great Writ in service of a thesis that her essay otherwise fails to support. Judge Wood invokes Judge Henry Friendly’s classic article, Is Innocence Irrelevant? Collateral Attack on Criminal Judgments81818app手机版下载, to suggest that the writ of habeas corpus should be expanded to allow federal courts to review the petitions of state prisoners who allege their actual innocence without otherwise identifying any violation of federal law in securing their convictions. But that thesis cannot be squared with the proposal Judge Friendly championed in ...


Certification Comes Of Age: Reflections On The Past, Present, And Future Of Cooperative Judicial Federalism, Kenneth F. Ripple, Kari Anne Gallagher 2020 Circuit Judge, United States Court of Appeals for the Seventh Circuit; Professor of Law, Notre Dame Law School

Certification Comes Of Age: Reflections On The Past, Present, And Future Of Cooperative Judicial Federalism, Kenneth F. Ripple, Kari Anne Gallagher

Notre Dame Law Review

In 1995, the American Judicature Society (AJS) undertook a comprehensive survey of certification. This Article uses the AJS’s survey as a starting point to examine the development of certification over the past twenty-five years. Were the fears of its critics well founded, or have the federal and state judiciaries adapted to mitigate the shortcomings of certification? Has certification been a useful tool in allowing for development of state law by the state judiciary, or has it been an imposition on the judiciary of a coequal sovereign?

Beyond these questions, this Article also will look at how certification has expanded ...


Civil Procedure Update 2020: New Mexico Annual Judicial Conclave, Verónica C. Gonzales-Zamora, George Bach 2020 University of New Mexico - School of Law 81818app手机版下载

Civil Procedure Update 2020: New Mexico Annual Judicial Conclave, Verónica C. Gonzales-Zamora, George Bach

Faculty Scholarship

These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2019 to May 1, 2020.

  • Amendments to the New Mexico Rules of Civil Procedure include NMRA Rule ...


The Winner Takes It All, But Who Gets To Play? The False Claims Act’S First To File Rule And Jurisdiction, Jonathan Lester 2020 Boston College Law School

The Winner Takes It All, But Who Gets To Play? The False Claims Act’S First To File Rule And Jurisdiction, Jonathan Lester

Boston College Law Review

In 2019, the United States Court of Appeals for the First Circuit held, in United States v. Millenium Laboratories, Inc., that the False Claims Act’s first to file rule is nonjurisdictional. This decision followed those by the United States Courts of Appeals for the Second and D.C. Circuits that came to the same conclusion. These decisions stand in opposition to a number of other circuits that, prior to 2015, held the first to file rule as jurisdictional. This split emerged after the Supreme Court’s 2015 decision in Kellogg Brown & Root Services v. United States ex rel. Carter ...