ABA Journal

Legal Theory

401 ABA Journal Legal Theory articles.

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.

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?

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…

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?

Read more ...