11 research outputs found

    The Supreme Court, 1993 Term: Law As Equilibrium: Foreword

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    With the confirmation of Justice Stephen Breyer to the United States Supreme Court, the legal process school has quietly attained what every Supreme Court litigator seeks: a majority on the Court. Along with Justice Breyer, Justices Scalia, Kennedy, Souter, and Ginsburg are all alumni of Henry Hart\u27s and Albert Sacks\u27s Harvard Law School courses on The Legal Process. As such, they have been schooled in legal process\u27s emphasis on the creation of law by interacting institutions, the purposiveness of law and these institutions, and the mediating role of procedure. Perhaps it should not be surprising, then, that the Supreme Court\u27s I993 Term was replete with these themes, even before Justice Breyer clinched a numerical majority for Hart and Sacks

    The Supreme Court, 1993 Term: Law As Equilibrium: Foreword

    No full text
    With the confirmation of Justice Stephen Breyer to the United States Supreme Court, the legal process school has quietly attained what every Supreme Court litigator seeks: a majority on the Court. Along with Justice Breyer, Justices Scalia, Kennedy, Souter, and Ginsburg are all alumni of Henry Hart\u27s and Albert Sacks\u27s Harvard Law School courses on The Legal Process. As such, they have been schooled in legal process\u27s emphasis on the creation of law by interacting institutions, the purposiveness of law and these institutions, and the mediating role of procedure. Perhaps it should not be surprising, then, that the Supreme Court\u27s I993 Term was replete with these themes, even before Justice Breyer clinched a numerical majority for Hart and Sacks

    The New federalism after United States v . Lopez (tape 3 of 4)

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    Symposium presented by the Case Western Reserve law review and the Law School, November 10-11, 1995. Presenters: Robert F. Nagel, Philip P. Frickey, Kathleen Brickey, and Mark V. Tushnet In United States v. Lopez, decided in April, 1995, the Supreme Court invalidated the Gun-Free School Zones Act of 1990. This decision held that federal statute unconstitutional for exceeding congressional power under th Commerce Clause. The speakers and commentators discuss that ruling and its implications for public policy and legal doctrin

    The New federalism after United States v . Lopez (tape 2 of 4)

    No full text
    Symposium presented by the Case Western Reserve law review and the Law School, November 10-11, 1995. Presenters: Robert F. Nagel, Philip P. Frickey, Kathleen Brickey, and Mark V. Tushnet In United States v. Lopez, decided in April,1995, the Supreme Court invalidated the Gun-Free School Zones Act of 1990. This decision held that federal statute unconstitutional for exceeding congressional power under the Commerce Clause. The speakers and commentators discuss that ruling and its implications for public policy and legal doctrin

    The New federalism after United States v . Lopez (tape 1 of 4)

    No full text
    Symposium presented by the Case Western Reserve law review and the Law School, November 10-11, 1995. Presenters: Robert F. Nagel, Philip P. Frickey, Kathleen Brickey, and Mark V. Tushnet In United States v. Lopez, decided in April, 1995, the Supreme Court invalidated the Gun-Free School Zones Act of 1990. This decision held that federal statute unconstitutional for exceeding congressional power under the Commerce Clause. The speakers and commentators discuss that ruling and its implications for public policy and legal doctrin

    The New federalism after United States v . Lopez (tape 2 of 4)

    No full text
    Symposium presented by the Case Western Reserve law review and the Law School, November 10-11, 1995. Presenters: Robert F. Nagel, Philip P. Frickey, Kathleen Brickey, and Mark V. Tushnet In United States v. Lopez, decided in April,1995, the Supreme Court invalidated the Gun-Free School Zones Act of 1990. This decision held that federal statute unconstitutional for exceeding congressional power under the Commerce Clause. The speakers and commentators discuss that ruling and its implications for public policy and legal doctrin

    The New federalism after United States v . Lopez (tape 1 of 4)

    No full text
    Symposium presented by the Case Western Reserve law review and the Law School, November 10-11, 1995. Presenters: Robert F. Nagel, Philip P. Frickey, Kathleen Brickey, and Mark V. Tushnet In United States v. Lopez, decided in April, 1995, the Supreme Court invalidated the Gun-Free School Zones Act of 1990. This decision held that federal statute unconstitutional for exceeding congressional power under the Commerce Clause. The speakers and commentators discuss that ruling and its implications for public policy and legal doctrin

    The New federalism after United States v . Lopez (tape 3 of 4)

    No full text
    Symposium presented by the Case Western Reserve law review and the Law School, November 10-11, 1995. Presenters: Robert F. Nagel, Philip P. Frickey, Kathleen Brickey, and Mark V. Tushnet In United States v. Lopez, decided in April, 1995, the Supreme Court invalidated the Gun-Free School Zones Act of 1990. This decision held that federal statute unconstitutional for exceeding congressional power under th Commerce Clause. The speakers and commentators discuss that ruling and its implications for public policy and legal doctrin

    The New federalism after United States v . Lopez (tape 4 of 4)

    No full text
    Symposium presented by the Case Western Reserve law review and the Law School, November 10-11, 1995. Presenters: Robert F. Nagel, Philip P. Frickey, Kathleen Brickey, and Mark V. Tushnet In United States v. Lopez, decided in April, 1995, the Supreme Court invalidated the Gun-Free School Zones Act of 1990. This decision held that federal statute unconstitutional for exceeding congressional power under th Commerce Clause. The speakers and commentators discuss that ruling and its implications for public policy and legal doctrin

    The New federalism after United States v . Lopez (tape 4 of 4)

    No full text
    Symposium presented by the Case Western Reserve law review and the Law School, November 10-11, 1995. Presenters: Robert F. Nagel, Philip P. Frickey, Kathleen Brickey, and Mark V. Tushnet In United States v. Lopez, decided in April, 1995, the Supreme Court invalidated the Gun-Free School Zones Act of 1990. This decision held that federal statute unconstitutional for exceeding congressional power under th Commerce Clause. The speakers and commentators discuss that ruling and its implications for public policy and legal doctrin
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