ABA Journal

Legal Theory

401 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.

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.

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…

‘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,…

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."

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.

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?

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.

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…

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…

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.

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…

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.

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?

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…

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