Legal Theory

386 ABA Journal Legal Theory articles.

Did new black history museum snub Justice Thomas? Spokeswoman says it can’t include everyone

Justice Clarence Thomas scarcely gets a mention in the recently opened National Museum of African American History and Culture in Washington, D.C.

Thomas is briefly mentioned in a reference to…

Justice Thomas fans create website dedicated to his originalist jurisprudence

Justice Clarence Thomas is beginning his 26th year on the U.S. Supreme Court without Justice Antonin Scalia, who like Thomas was dedicated to an originalist interpretation of the Constitution.

Former…

Feminist legal scholar is representing Roger Ailes in sex harassment suit; she explains why

A feminist legal scholar understands why people are shocked by her decision to help former Fox News CEO Roger Ailes fight a sexual harassment lawsuit filed by Gretchen…

50-year story of the Miranda warning has the twists of a cop show

The 1966 decision in Miranda v. Arizona set the stage for a legal saga displaying the twists and turns of a cop show.

50 years later, Freedom of Information Act still chipping away at government’s secretive culture
On Independence Day 50 years ago, President Lyndon Baines Johnson reluctantly signed into law the Freedom of Information Act. President Johnson thought it was terrible legislation and considered a veto…
Why study the Constitution? It’s old and doesn’t address current concerns, Posner says

Updated: Judge Richard Posner thinks liberal academics are going too far in praising Justice Antonin Scalia after his death. And he questions the need for judges to spend too much…

Chemerinsky: These two decisions highlight how Scalia’s absence has affected the court

As the U.S. Supreme Court enters the last month of its term, the impact of having only eight justices already is clear. Some of the most high-profile cases of the…

Contentious battles between couples over frozen embryos raise legal and ethical dilemmas
When Risa Levine, a real estate attorney in New York City, got married, she wanted nothing more than to have a baby. Her husband at the time also wanted a…
Chemerinsky: Should SCOTUS have turned down these election law cases?

Two recent Supreme Court decisions with regard to voting were significant because they did not change the law. Both were unanimous and both raise the question of whether the court…

Bryan Garner’s tribute to his friend and co-author Antonin Scalia
"Originalism," so called, is perhaps the single issue for which Justice Antonin Scalia, my co-author on two books, was most controversial. I'll never forget his ire—it was full-blown anger—when I…
What’s the evidentiary standard for emojis?
Civil Rights Act’s sex-discrimination ban includes orientation, argues EEOC in amicus brief

The Equal Employment Opportunity Commission argues in an amicus brief filed on Wednesday that employment discrimination based on someone’s sexual orientation is unlawful under Title VII of the 1964 Civil…

Scalia: God has been good to US because ‘we have done him honor’

Our country’s constitutional traditions do not require government to be neutral between religion and nonreligion, Justice Antonin Scalia said on Saturday in a speech to Catholic high school students.

Scalia…

Chemerinsky: 2 Texas cases before SCOTUS could have big implications for race in the US

During the week of Dec. 7, the Supreme Court will hear arguments in two of the most high profile and likely most important cases of the term. On Tuesday, Evenwel

Chemerinsky: 10 lessons from Chief Justice Roberts’ first 10 years

On Monday morning, October 5, the Supreme Court will begin its 11th term with John Roberts as Chief Justice. On Sept. 29, 2005, Roberts became the 17th Chief Justice of…

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