Retaliation
By Deborah L. Brake. Full text here. This Article takes a comprehensive look at retaliation and its place in discrimination law. The Article begins by examining current social science literature to understand how retaliation operates as a social practice to silence challenges to discrimination and preserve inequality. Then, using the recent controversy over whether to imply…
Continue ReadingLecture, Socratic Method and the Irreducible Core of Legal Education
By Donald G. Marshall. Full text here.
Continue ReadingJustice Holmes, Buck v. Bell, and the History of Equal Protection
By Stephen A. Siegel. Full text here. Most everything Justice Holmes said in upholding eugenic sterilization in Buck v. Bell has been extensively criticized. However, his impatient response to Carrie Buck’s equal protection claim, dismissing it as “the usual last resort of constitutional arguments,” is still believed to be an accurate depiction of the equal protection…
Continue ReadingIntroduction, Introduction to Socratic Method and the Irreducible Core of Legal Education
By David Weissbrodt. Full text here.
Continue ReadingThe Incentives Approach to Judicial Retirement
By David R. Stras. Full text here.
Continue ReadingReintroducing Circuit Riding: A Timely Proposal
By Steven G. Calabresi and David C. Presser. Full text here.
Continue ReadingThe Supreme Court and Its Shrinking Docket: The Ghost of William Howard Taft
By Kenneth W. Starr. Full text here.
Continue ReadingShould the Supreme Court Fear Congress?
By Neal Devins. Full text here.
Continue ReadingThe Supreme Court, the Rules Enabling Act, and the Politicization of the Federal Rules: Constitutional and Statutory Implications
By Martin H. Redish and Uma M. Amuluru. Full text here.
Continue ReadingWhen is Knowing Less Better Than Knowing More? Unpacking the Controversy over Supreme Court Reference to Non-U.S. Law
By Mark Tushnet. Full text here.
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