Legal Theory

‘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, D.C., on Thursday. “You’re a bunch of radicals,” Gorsuch told the group after it greeted him with a standing ovation.…

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 the suit against self-described “drone slayer” William Merideth, citing a lack of federal subject matter jurisdiction, Ars Technica reports. The…

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 relatively low batting average that President Barack Obama’s administration recorded over the last eight years?

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. Their study examined U.S. Supreme Court cases that reviewed opinions by the Denver-based 10th U.S. Circuit Court of Appeals after…

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 publications from considering what would happen if President Trump or administration officials refused to comply with a court order. Slate and…

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? Mercer University law professor Jeremy Kidd and three other researchers sought the answer by focusing on the potential picks’ approach…

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 Jennings v. Rodriguez, which will be heard by the court on Wednesday. The issue in Jennings is whether due process…

Nov 29, 2016 3:00 PM CST

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 testimony by Anita Hill during his confirmation hearing, report the Wall Street Journal Law Blog, the Root and an op-ed…

Oct 25, 2016 2:49 PM CDT

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 law clerks and other defenders of Justice Clarence Thomas are highlighting his jurisprudence with a new website called JusticeThomas.com, USA…

Oct 21, 2016 2:18 PM CDT

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 Carlson. But lawyer Susan Estrich considers Ailes a long-time friend who is being convicted by the media, the Washington Post reports. “The…

Aug 10, 2016 7:00 AM CDT