Against "Overwhelming" Appellate Activism: Constraining Harmless Error Review

Scholarship

PUBLISHER

California Law Review

DATE

1994

Gregory Mitchell

Gregory Mitchell, Against "Overwhelming" Appellate Activism: Constraining Harmless Error Review, 82 California Law Review, 1335–1370 (1994).

Bounded Extraterritoriality
Ruth Mason
Politics in the United States is ever more divided, stymying federal legislation. States have responded to this political polarization and... MORE
Bibb Balancing: Regulatory Mismatches Under the Dormant Commerce Clause
Ruth Mason
Courts and commentators have long understood dormant Commerce Clause doctrine to contain two types of cases: discrimination and undue burdens. This... MORE
Solidarity Federalism
Ruth Mason
Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and... MORE

Personal Precedent at the Supreme Court
Richard M. Re
Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This essay shows that personal precedent both... MORE
Should Gradualism Have Prevailed in Dobbs?
Richard M. Re
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general... MORE
Separation-of-Powers Avoidance
Payvand Ahdout
When federal judges are called on to adjudicate separation-of-powers disputes, they are not mere arbiters of the separation of powers. By resolving a... MORE

Religious Freedom and Abortion
Richard C. Schragger

Micah J. Schwartzman
The demise of Roe v. Wade has raised a host of religious liberty questions that were submerged prior to the Supreme Court’s decision in Dobbs v.... MORE
State Separation of Powers and the Federal Courts
Ann Woolhandler
The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen,... MORE
Permissive Interpretation
Richard M. Re
Should the law of interpretation direct judges to seek out best answers, or only permissible ones? This Article defends the latter approach. In... MORE

Intimate Privacy in a Post-Roe World
Danielle K. Citron
Now that the Supreme Court has revoked the constitutional right to reproductive autonomy, we must reckon with the risks that our surveillance economy... MORE
The Political Language of Parental Rights: Abortion, Gender-Affirming Care, and Critical Race Theory
Naomi R. Cahn
This Article explores how the rhetoric of parental rights has been deployed to override minors’ access to abortion, gender-affirming care, and... MORE
Order without Formalism
Rachel Bayefsky
The quest for order and structure is a powerful force underlying influential jurisprudential theories such as originalism and textualism. This... MORE

Judges Are Now Using Their Retirements as Leverage Against the President
Richard M. Re
Court reformers usually focus their attention on expanding or imposing term limits on the Supreme Court, but recent events in the lower courts are... MORE
Is it Legal to Travel for Abortion After Dobbs?
Naomi R. Cahn
When the Supreme Court recently returned the issue of abortion to the states, Justice Brett Kavanaugh indicated in his concurrence that interstate... MORE
The Peril and Promise of SCOTUS Resignations
Richard M. Re
Justice Breyer’s recent manner of effectuating his retirement points out both a problem and an opportunity. The problem is that there is no settled... MORE

Dobbs and the Relevance of Experience
Charles Barzun
Without question the most important thing about the Dobbs decision is its dramatic impact on the availability of abortion access for women in huge... MORE
The End of Roe Means We Need a New Civil Right to Privacy
Danielle K. Citron
Friday’s SCOTUS ruling in Dobbs is devastating news. Yes, it denies women and girls reproductive autonomy, but it also augurs a future where no... MORE
Is the Religious Liberty Tent Big Enough to Include the Religious Commitments of Jews?
Micah J. Schwartzman
One of the notable trends in the current Supreme Court’s religion jurisprudence is the shrinking of the establishment clause as the free exercise... MORE