Legal Theory

390 ABA Journal Legal Theory articles.

Breyer says expanding Supreme Court could erode trust, proponents should ‘think long and hard’
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.”
Law prof proposes a middle-ground theory of judging to guide centrist judges
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?
Do origin stories define or help refine constitutional interpretation?

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.

Should the Federalist Society reckon with members who aided Trump’s false election claims?
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.
Barrett: Sharing Scalia’s philosophy doesn’t mean I agree with every sentence he said
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."
A top SCOTUS contender, Amy Coney Barrett is likely to draw scrutiny for decisions on abortion, campus sex assault
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.
Chemerinsky: Blockbuster decisions in 6 areas of law made this a SCOTUS term to remember

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.

PBS series ‘A More or Less Perfect Union’ focuses on the Constitution
SCOTUS opens new term with criminal law cases addressing insanity defense and unanimous juries

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.

Afternoon Briefs: Nursing home executives fined $400 daily; did black nationalism influence Justice Thomas?

New book seeks to explain conservatism of Justice Clarence Thomas

A new book called The Enigma of Clarence Thomas contends that the justice’s conservatism is shaped by his immersion in…

Justice Gorsuch’s new book says US faces ‘civility crisis’
U.S. Supreme Court Justice Neil M. Gorsuch says in his new book that the United States is facing a “civility crisis.”
Retired Justice John Paul Stevens dies at 99
Retired Supreme Court Justice John Paul Stevens died Tuesday from complications from a stroke. He was 99 years old.
After nearly 30 years on the court, Justice Thomas’ supporters and detractors are still debating who he really is

After Clarence Thomas’ nearly 30 years on the court, his critics and supporters are still debating who Thomas is. But at a June conversation in the courtroom before the historical society, Thomas mostly seemed at peace with himself and his role on the court.

New ABA report surveys cryptocurrency regulations

The ABA Business Law Section released a major report on digital assets and cryptocurrency regulation on Wednesday.

The 353-page document titled “Digital and Digitized Assets: Federal and State Jurisdictional…

Can Trump legally use emergency powers to build a border wall? Experts weigh in
Updated: On Friday morning, President Donald Trump confirmed that he will be declaring a national emergency to build a border wall. Experts say the emergency declaration itself will likely be judged fully within his powers as the president of the United States. But it's much less clear that the president's emergency powers permit him to build a wall using the military construction statutes most observers think he'll use. And the project could be tied up in eminent domain challenges until 2020 or later.

Read more ...