ABA Journal

Legal Theory

393 ABA Journal Legal Theory articles.

Supreme Court takes a byte out of computer crime law

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.

Is it a 3-3-3 Supreme Court? Barrett opinion gives Goldman Sachs partial win in class-action case

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.

Justice Barrett has aligned most often in argued cases with these 2 SCOTUS justices

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.

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.

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