Legal Theory
396 ABA Journal Legal Theory articles.
U.S. Supreme Court Justice Amy Coney Barrett said Sunday the justices are guided by judicial philosophies, rather than political views, but the public might not see it that way.
Sep 13, 2021 10:30 AM CDT
A federal appeals judge who is attracting national attention for his “aggressive rhetoric” in legal opinions has written a concurrence criticizing disparate-impact theory, likening it to critical race theory.
Aug 5, 2021 2:03 PM CDT
Some conservatives are backing a more activist brand of judging that reads moral values into the Constitution as a counter to liberals’ push to read the Constitution as a living document that changes with the times.
Jul 27, 2021 9:41 AM CDT
A U.S. Supreme Court decision handed down earlier this month has flown a bit below radar compared with the term’s bigger cases, but it is one that might be of interest to anyone who has ever bent the truth on a dating website or on social media, shopped or checked sports scores on a work computer, or happens to be a fan of the 1983 movie WarGames.
Jun 24, 2021 10:54 AM CDT
In another case with an unusual lineup, the U.S. Supreme Court partly ruled for Goldman Sachs on Monday in a securities class action alleging the investment bank made generic statements that maintained its inflated stock prices.
Jun 21, 2021 1:35 PM CDT
Justice Amy Coney Barrett, the U.S. Supreme Court’s newest justice, has aligned 100% of the time in argued cases with conservative Justices Clarence Thomas and Neil M. Gorsuch, according to an analysis by CNN reporter Joan Biskupic.
May 6, 2021 12:00 PM CDT
U.S. Supreme Court Justice Stephen G. Breyer said Tuesday proponents of expanding or changing the structure of the U.S. Supreme Court should “think long and hard before embodying those changes in law.”
Apr 7, 2021 10:04 AM CDT
Conservative judges are guided by the original meaning of the Constitution, while liberal judges view the Constitution as a living document. But what about centrist judges?
Apr 5, 2021 10:05 AM CDT
All lawyers are storytellers. And Supreme Court justices are not exceptions. Outcomes in constitutional law are typically predicated upon the stories the justices tell—interpretations of foundational “origin stories”—that shape understandings of the law and who we are as a people, writes Philip N. Meyer.
Feb 1, 2021 1:00 AM CST
Some members of the Federalist Society are arguing that colleagues who helped President Donald Trump make false claims of widespread election fraud should be distanced from the conservative group.
Jan 19, 2021 11:21 AM CST
Supreme Court nominee Amy Coney Barrett deflected questions on Wednesday about whether she agreed with Justice Antonin Scalia's
assertion during oral arguments that a key provision of the Voting Rights Act is a "perpetuation of racial entitlement."
Oct 14, 2020 9:40 AM CDT
Considered one of the top contenders for a U.S. Supreme Court nomination, U.S. Circuit Judge Amy Coney Barrett is known as a conservative who shows a strong deference to religious values.
Sep 21, 2020 2:04 PM CDT
The most important lesson from the Supreme Court’s just completed term is that it is truly the John Roberts court. It was a term of blockbuster decisions, almost all of which saw Chief Justice John G. Roberts Jr. in the majority.
Jul 15, 2020 10:10 AM CDT
Mar 19, 2020 10:47 AM CDT
The U.S. Supreme Court has several blockbuster cases in its new term—on gay and transgender rights, federal immigration enforcement and gun regulation. But before it gets to any of those, the court on the first day of the term will take up two criminal law cases raising significant questions, even though only a handful of states are affected by each.
Oct 3, 2019 5:03 PM CDT
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