Legal Theory

386 ABA Journal Legal Theory articles.

Uncovering the secret history of how corporations gained their civil rights (podcast)

When we think of civil rights movements, the first to spring to mind might be the battles against African-American segregation or for women's suffrage. But one of the longest, most successful–and least-known–of these movements in America has been made on behalf of corporations. In this episode of the Modern Law Library, professor Adam Winkler, author of We the Corporations: How American Businesses Won Their Civil Rights, shares what he learned from his investigation into how corporations have achieved constitutional protections ranging from the right to sue and be sued, to individual rights like religious liberty protections and free speech.

Mar 21, 2018 8:30 AM CDT

Does ideology influence editors’ law review picks? Study finds a correlation

Editors choosing law review articles are influenced by shared ideology with the authors, according to a working paper by three University of Chicago law professors.

Feb 12, 2018 8:00 AM CST

Kavanaugh lands in top six in ‘Scalia-ness’ ranking of SCOTUS contenders; who is No. 1?

Before Neil M. Gorsuch became a U.S. Supreme Court justice, a study of potential Supreme Court nominees had rated him as more “Scalia-like” than Chief Justice John G. Roberts…

Jan 16, 2018 8:00 AM CST

‘Judges wear robes, not capes,’ Gorsuch says in Federalist Society speech

Justice Neil Gorsuch got some laughs as he referred to criticism of the Federalist Society and one of his own court rulings in a speech before the group in Washington,…

Nov 17, 2017 11:49 AM CST

Chemerinsky: The myth of ‘plain meaning’

Over recent years, the U.S. Supreme Court increasingly has embraced interpreting statutes based entirely on "plain meaning" of the words and eschewing consideration of legislative history. Justice Antonin Scalia was the champion for this when he was on the court, but Justice Elena Kagan remarked on his influence when she declared, "We're all textualists now."

Oct 31, 2017 8:00 AM CDT

Why did Posner retire? He cites ‘difficulty’ with his colleagues on one issue

Judge Richard Posner had intended to stay on the federal appellate bench until he reached 80, an age he believed to be the upper limit for federal judges.

Sep 7, 2017 9:04 AM CDT

Should bystanders have a legal duty to intervene? Holocaust scholar weighs in (podcast)

If you are a bystander and witness a crime, should intervention be a legal obligation? Or is moral responsibility enough?

May 3, 2017 8:30 AM CDT

The Outer Space Treaty turns 50. Can it survive a new space race?

The treaty is a product of the Cold War and primarily addresses concerns of that era, including nuclear war. So for 50 years, the treaty has prevented belligerent nations from putting weapons of mass destruction into space. But space is becoming big business, and commercial interests are putting new pressures on the law of outer space.

Apr 1, 2017 5:00 AM CDT

Federal judge tosses suit against property owner who shot down hovering drone

A federal judge in Louisville has dismissed a suit seeking damages against a property owner who shot down a hobbyist’s drone in 2015.

Senior U.S. District Judge Thomas Russell dismissed…

Mar 27, 2017 8:40 AM CDT

Can Trump triumph in the Supreme Court? Presidents’ rates of winning cases have been declining

It’s only a matter of time before President Donald J. Trump’s administration puts its stamp on the federal government’s cases in the U.S. Supreme Court. But can it top the…

Mar 1, 2017 3:40 AM CST

Gorsuch could be more conservative than Justice Clarence Thomas, study concludes

If U.S. Supreme Court nominee Neil Gorsuch wins confirmation, he could be the most conservative justice on the U.S. Supreme Court, according to an analysis by two political science professors.

…

Feb 15, 2017 9:22 AM CST

What would happen if Trump administration ignored a court order? Law profs consider the issue

The Trump administration has complied with a nationwide injunction blocking the president’s executive order banning refugees and some immigrants from entering the United States.

But that hasn’t stopped some…

Feb 7, 2017 7:00 AM CST

Erasing the News: Should some stories be forgotten?

The media and lawyers wrestle with the question: Should some stories be forgotten? An uptick in requests has followed EU support for removing access to online info.

Jan 1, 2017 12:10 AM CST

Among Trump’s potential SCOTUS picks, these rate highest for ‘Scalia-ness,’ study says

Donald Trump has pledged to appoint a Supreme Court nominee in the mold of the late Justice Antonin Scalia. Does his shortlist of potential nominees make good on the promise?

…

Nov 30, 2016 7:00 AM CST

Chemerinsky: Decision in SCOTUS immigration case could hinge on government’s admission of error

What is the effect of the solicitor general telling the Supreme Court that in a prior related case, the government provided false, crucial information? That is an underlying question in…

Nov 29, 2016 3:00 PM CST

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