Constitutional litigation in America frequently mirrors the shifting moods and conflicts of the nation. Successive generations have developed a habit of bringing great policy issues to the federal courts for resolution, rather than looking only to legislative bodies. The results are not always predictable. In the early years of the New Deal, a stubborn Supreme Court lagged behind the rest of the country. In the historic school desegregation decision of 1954, the Court opened a new chapter in Ameri- can race relations. As often as not, the courts have been a special source of redress for those persons and groups labeled "different" - such as members of racial, political, and religious minorities. If the Constitution was meant to create a representative democracy, it also established unmistakable anti-majoritarian restraints. Thanks to the Bill of Rights, the rights of free speech do not depend on the consent of a political majority. But sometimes, to uphold these individual rights, important competing interests must yield, as when society's interest in effective law enforcement conflicts with the Fourth Amendment's ban on unreasonable searches and seizures. In the 1960s and 1970s, no social trend has been more publicized than changing personal "lifestyles" - new attitudes toward family roles, greater sexual permissiveness, unconventional manners and dress. The war in Vietnam and unrest on American campuses brought in its wake challenges to conventional morals and old ways. High school boys wanted to wear long hair; women sought unrestricted access to abortions; homosexuals talked of "gay rights”.
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
The Environmental Law and Community Engagement Clinic at the University of Virginia School of Law filed this amicus brief on behalf of San Bernardino...
Who has the legal right to challenge decisions by the U.S. Food and Drug Administration? And should the moral umbrage of a group of anti-abortion...
President Joe Biden promised during his State of the Union address on March 7, 2024, that he would make the right to get an abortion a federal law.
“If...
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...
Today, legal culture is shaped by One Big Question: should courts, particularly the US Supreme Court, have a lot of power? This question is affecting...
On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and...
On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade. In the...
Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...
This Article introduces the Jurist-Derived Judicial Ideology Scores (JuDJIS), an expert-sourced measure of judicial traits that can locate nearly...
It is widely believed that President Donald Trump’s judicial appointments reflected a strategy of appeasing evangelical Christians and other religious...
Cyber stalking involves repeated, often relentless targeting of someone with abuse. Death and rape threats may be part of a perpetrator’s playbook...
We apply a dynamic influence model to the opinions of the U.S. federal courts to examine the role of the U.S. Supreme Court in influencing the...
During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...
The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War...
Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...