Justice Scalia is (in)famous for his view that when the Court struck down Texas’ criminal sodomy statute in Lawrence v. Texas, it undermined bans on “bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity.” To some, this slippery slope argument is coming
“Arguments are cheap. Briefs are filled with thousands. What matters is what grabs you.” Justice Breyer stopped by Wasserstein on October 1 for an hour of wry advice, reflection, and jokes.
Breyer began by discussing the mechanics of the Supreme Court’s work. “Most people think we
Linda Greenhouse – October 10, 2013
Ms. Greenhouse began by noting that it is an under appreciated aspect of the Supreme Court that the Court gets to decide which cases it wants to decide. There are some cases where the Court is more likely to intervene,
On Thursday, September 26th, Harvard Law School held a review of the previous term of the Supreme Court. The panelists included Professors Charles Fried, Tomiko Brown-Nagin, Michael Klarman, Visiting Professor Justin Driver, and the event was moderated by Dean Martha Minow.
The panelists first discussed the
Last July, the Ninth Circuit in Latif v. Holder held that the district courts have original jurisdiction over claims that the government failed to afford U.S. citizens and legal residents an adequate opportunity to contest their inclusion on the No-Fly list. The court noted that
With this year’s big affirmative action case, Fisher v. University of Texas, being one of the highlights of the Supreme Court’s current term, it is worth circling back to CRCL’s previous treatment of the issue and reflecting on the moment in the 1990s when Hopwood
In the wake of Gonzaga Univ. v. Doe, in which the Supreme Court entrenched a tight-fisted test for whether Congress has guaranteed a statutory right to individuals, the lower courts have felt out the bounds of a new doctrine piecemeal. Recently, in Shakhnes v. Berlin,
Matt and Noah are joined by CRCL Online Content Editor Nitzan Weizmann to highlight the problem of pregnancy discrimination. Noah and Matt also take a look at a recent Second Circuit opinion striking down part of the Defense of Marriage Act.
With Matt in the hosting chair this week, CR-CL's Executive Editors for Online Content, Noah Kaplan and Matt Giffin take a close look at this week's oral arguments in Fisher v. University of Texas and at the pace and process of President's Obama's judicial nominations.
Reviving the trespassory model of the Fourth Amendment, the Court in U.S. v. Jones has raised more questions about data privacy than it answered. If the mere existence and transmission of data can signal a lack of a reasonable expectation of privacy, the only way