Ward Farnsworth (Boston University School of Law) has posted "Dissents Against Type" on SSRN, see here. The piece is forthcoming in the Minnesota Law Review and is part of a symposium that I participated in during the fall on the topic of law and politics...
This week's academic round-up will focus on a couple of forthcoming articles analyzing the Supreme Court's recent election law cases. Ellen Katz (University of Michigan Law School) has written an Essay entitled, "Withdrawal: The Roberts Court and the Retreat from Election Law," for an upcoming symposium...
Laura Krugman Ray (Widener University) has recently published an article in the Connecticut Law Review entitled "Clerk and Justice: The Ties that Bind John Paul Stevens and Wiley B. Rutledge," see here. The piece compares and contrasts the jurisprudential and institutional approaches of Justice Stevens...
Terri Peretti (Santa Clara University) and Alan Rozzi (Santa Clara University) have posted "Modern Departures from the U.S. Supreme Court: Party, Pensions, or Power" on SSRN, see here. Consistent with the majority of empirical studies to date, Peretti and Rozzi find that modern departures from...
On a point that I have emphasized in the past on this blog (in discussions of cases like Hein v. Freedom of Religion Foundation), Christopher Peters (Wayne State University Law School) has posted a paper on SSRN that examines the practice on the Roberts Court...
For those that haven't already read or heard about it, Fourth Circuit Judge J. Harvie Wilkinson has written an essay forthcoming in the Virginia Law Review entitled "Of Guns, Abortion, and the Unraveling of the Rule of Law," see here. In the piece, Judge Wilkinson...
The DePaul Law Review just published the results of an empirical study about the influence of Supreme Court clerks conducted by Todd Peppers and Chris Zorn, see here. The results of this paper were extensively discussed in a recent article by the New York Times...
Nancy Leong has posted "The Saucier Qualified Immunity Experiment: An Empirical Analysis on SSRN," see here. With the continued viability of Saucier hanging in the balance in Pearson v. Callahan, which will be decided this Term, Leong's article is very timely. In her 35-page article,...
In this week's academic round-up, I would like to profile some articles from an online journal, the Northwestern University Law Review Colloquy, that has done a particularly good job of providing timely analysis of recent Supreme Court decisions. The Colloquy's focus on recent developments...
It is good to be back writing on the blog. I hope to post some thoughts about some of the cases from the past Term in the next several weeks, including a belated analysis of an under-discussed aspect of the Boumediene opinion. In...
