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The Confrontation Clause and the Ongoing Fight to Limit Melendez-Diaz
Sunday, 23 May, 2010 – 13:39 | No Comment

By STEPHEN WILLS MURPHY
On June 25, 2009, the Supreme Court handed down the 5-4 decision of Melendez-Diaz v. Massachusetts. Justice Scalia’s majority opinion held that a forensic report is “testimonial” under the Confrontation Clause…

Causing the Sky to Fall: The Legal & Practical Implications of Melendez-Diaz
Monday, 19 Apr, 2010 – 12:11 | No Comment
Causing the Sky to Fall: The Legal & Practical Implications of Melendez-Diaz

By IVANA DEYRUP
On June 25th of last year, the Supreme Court handed down its decision in Melendez-Diaz v. Massachusetts… Justice Scalia indicated that the practical effects of the decision would be limited, writing, “[T]he sky will not fall.” However, some attorneys reached the opposite conclusion in the days immediately following the ruling…

The Second Amendment in the States and the Limits of the Common Use Standard
Thursday, 8 Apr, 2010 – 8:59 | No Comment
The Second Amendment in the States and the Limits of the Common Use Standard

By NICHOLAS J. JOHNSON
In McDonald v. City of Chicago, now before the Supreme Court, petitioners claim that Chicago’s decades-old handgun ban is a violation of the Second Amendment right to keep and bear arms.

Presenting a “Strong Basis in Evidence”: How Lawyers Should Use Statistics to Shape the Impact of Ricci v. DeStefano on Title VII Litigation
Thursday, 4 Feb, 2010 – 8:21 | No Comment
Presenting a “Strong Basis in Evidence”: How Lawyers Should Use Statistics to Shape the Impact of Ricci v. DeStefano on Title VII Litigation

by JASON M. SZANYI and KATARINA GUTTMANNOVA
This past term, in Ricci v. DeStefano,[1] the Supreme Court reshaped employment discrimination litigation. In a decision that garnered significant notoriety both for its potential impact on the future …

A Cold Day in Apprendi-land: Oregon v. Ice Brings Unknown Forecast for Apprendi’s Continued Vitality in the Capital Sentencing Context
Friday, 24 Apr, 2009 – 8:03 | No Comment
A Cold Day in Apprendi-land: Oregon v. Ice Brings Unknown Forecast for Apprendi’s Continued Vitality in the Capital Sentencing Context

by G. BEN COHEN, BIDISH SARMA, and ROBERT J. SMITH
When Charles Apprendi fired two .22 caliber gunshots into the home of the first African-American family to move into a previously all-white New Jersey neighborhood, he …

Is the Glass Half-Full?: Gonzales v. Carhart and the Future of Abortion Jurisprudence
Wednesday, 9 Apr, 2008 – 8:05 | One Comment
Is the Glass Half-Full?: Gonzales v. Carhart and the Future of Abortion Jurisprudence

BY PRISCILLA J. SMITH
In Gonzales v. Carhart, the Court reversed course from Stenberg v. Carhart, a decision issued just seven years before and, in a 5-4 decision written by Justice Kennedy, upheld the “Partial-Birth Abortion …

Lies, Damn Lies, and Voter IDs: The Fraud of Voter Fraud
Monday, 17 Mar, 2008 – 8:07 | One Comment
Lies, Damn Lies, and Voter IDs: The Fraud of Voter Fraud

BY DAVID SCHULTZ
Claims of voter fraud effect a partisan divide, with Republicans generally supporting voter ID laws and Democrats opposing them. The United States Supreme Court has heard argument in two photo ID cases, and …

Substantive Detention Law Matters: The Big Questions About Guantanamo the Supreme Court Should Answer
Monday, 3 Mar, 2008 – 8:12 | No Comment
Substantive Detention Law Matters: The Big Questions About Guantanamo the Supreme Court Should Answer

BY JUSTIN FLORENCE
Whom can the United States legally hold as an “enemy combatant” at Guantanamo Bay? What actions must an individual take to be subject to detention for the remainder of the “war on terror”? …

Text, Purpose, and the Second Amendment
Monday, 3 Mar, 2008 – 8:09 | No Comment
Text, Purpose, and the Second Amendment

BY CHRISTOPHER M. EGLESON
With its decision in Parker v. District of Columbia, the D.C. Circuit became the first federal appellate court ever to strike down a law under the Second Amendment, which guarantees “the right …