Category Archives: Jurisprudence

Amy Howe, Interpreting the Supreme Court: Finding Meaning in the Justices’ Personal Experiences

68 Fla. L. Rev. 393 Abstract At his 2004 confirmation hearing, Chief Justice John G. Roberts Jr. famously compared the role of a Supreme Court Justice to that of a baseball umpire and promised “to remember that it’s my job … Continue reading

Posted in Judicial Systems, Jurisprudence | Comments Off on Amy Howe, Interpreting the Supreme Court: Finding Meaning in the Justices’ Personal Experiences

Jonathan Remy Nash, Expertise and Opinion Assignment on the Courts of Appeals: A Preliminary Investigation

This Article examines the role of expertise in judicial opinion assignment and offers four contributions: First, this Article develops a general theory of opinion assignment on multimember courts. Second, this Article uses that theory to predict how expertise might influence … Continue reading

Posted in Judicial Systems, Jurisprudence | Comments Off on Jonathan Remy Nash, Expertise and Opinion Assignment on the Courts of Appeals: A Preliminary Investigation

Kevin J. Lynch, The Lock-in Effect of Preliminary Injunctions

One important bias economists and psychologists have identified is the lock-in effect. The lock-in effect causes a decision maker who must revisit an earlier decision to be locked in to that earlier decision. The effect is particularly pronounced where the … Continue reading

Posted in Civil Procedure, Judicial Systems, Jurisprudence | Comments Off on Kevin J. Lynch, The Lock-in Effect of Preliminary Injunctions

Deborah Thompson Eisenberg, Regulation by Amicus:The Department of Labor’s Policy Making in the Courts

This Article examines the practice of “regulation by amicus”: that is, an agency’s attempt to mold statutory interpretation and establish policy by filing “friend of the court” briefs in private litigation. Since the United States Supreme Court recognized agency amicus interpretations as a … Continue reading

Posted in Jurisprudence | Comments Off on Deborah Thompson Eisenberg, Regulation by Amicus:The Department of Labor’s Policy Making in the Courts

Naomi Harlin Goodno, When the Commerce Clause Goes International: A Proposed Legal Framework for the Foreign Commerce Clause

The world is becoming a smaller place. Technology and the Internet have made global travel and communication easier, quicker, and more common. Novel legal issues arise every day to deal with this modern interconnected world. How does the law address … Continue reading

Posted in Commercial Law, Constitutional Law, Jurisprudence | Comments Off on Naomi Harlin Goodno, When the Commerce Clause Goes International: A Proposed Legal Framework for the Foreign Commerce Clause

Steven Nauman, Brown v. Plata: Renewing the Call to End Mandatory Minimum Sentencing

After more than twenty years of litigation, the United States Supreme Court finally determined whether California’s overcrowded prison system created a constitutional violation in Brown v. Plata. With prisons and jails across the country operating at well over 100% capacity, … Continue reading

Posted in Criminal Law, Criminal Procedure, Jurisprudence | Comments Off on Steven Nauman, Brown v. Plata: Renewing the Call to End Mandatory Minimum Sentencing