401 ABA Journal Legal Theory articles.
Oct 14, 2020 9:40 AM CDT
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
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…
Sep 24, 2019 3:11 PM CDT
Sep 13, 2019 10:15 AM CDT
Jul 16, 2019 8:09 PM CDT
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.
Jul 1, 2019 2:05 AM CDT
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…
Mar 15, 2019 4:45 PM CDT Feb 14, 2019 6:15 PM CST Feb 7, 2019 6:00 AM CST Jan 3, 2019 6:00 AM CST How can newly powerful, global tech companies fulfill their legal responsibilities to customers, employees, shareholders and the different societies in which they operate? And how can lawyers help? Three developments…
Sep 20, 2018 8:00 AM CDT Jul 25, 2018 6:00 AM CDTCan 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.
Chemerinsky: Supreme Court’s recent actions are telltale signs of its future direction
On Jan. 22, the U.S. Supreme Court took three actions that did not involve deciding a case, yet nonetheless provided a likely harbinger of the future. The actions reflect the court’s new composition and surely please conservatives but are very troubling to liberals.
Chemerinsky: What will the conservative high court mean for 2019?
As a new year begins, it always is tempting to try to forecast what to expect from the U.S. Supreme Court in the months ahead. This year, there seems to be more questions than predictions in terms of what to look for in 2019.
IBM, GE, Facebook, Google and the law—lessons learned, or lessons forgotten?
What would it mean to impeach a president? (podcast)
The authority to impeach and remove a U.S. president is one of the legislative branch's most powerful weapons. But in the country's history, despite many periods of open hostility between Congress and the executive branch, no president has been removed from office through the impeachment procedure. Why is that?
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