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HL456: A Case for Principled Judicial Activism

HL456: A Case for Principled Judicial Activism
heritage.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from heritage.org Daily Mail and Mail on Sunday newspapers.

Florida , United-states , Philadelphia , Pennsylvania , Kentucky , America , American , Loren-smith , Justice-scalia , James-madison , Catherine-mackinnon , Hillary-clinton

Suppose Joseph Story Had Been Right and Brutus Had Been Wrong

Judge Alice Batchelder examines several key areas and concludes that Brutus, regrettably, was right and Story was wrong ....

Georgia , United-states , Ohio , Texas , South-carolina , College-of-charleston , Connecticut , Virginia , Geneva , Genè , Switzerland , New-york

The "Judicial Holy Grail": Why the Supreme Court Should Not Revisit the Privileges or Immunities Clause

Should the Privileges or Immunities Clause of the Fourteenth Amendment now be revisited 147 years after the amendment was ratified, followed five years afterwards by a Supreme Court decision whose interpretation of the clause has persisted since then?[1] Just as the Slaughterhouse Cases decision has persisted, so has the controversy surrounding it. ....

Louisiana , United-states , Maryland , New-orleans , Americans , American , Justice-iredell , Donald-dripps , Adam-smith , John-stuart-mill , Charles-fairman , Justice-thomas

The Yale Law Journal - Forum: Politics and Judicial Ethics: A Historical Perspective

The Yale Law Journal - Forum: Politics and Judicial Ethics: A Historical Perspective
yalelawjournal.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from yalelawjournal.org Daily Mail and Mail on Sunday newspapers.

New-york , United-states , American-bar , California , New-hampshire , Paris , France-general , France , United-kingdom , Washington , White-house , District-of-columbia

Incitement: Modernizing the standard

© Getty Images
With civil and criminal proceedings under way in the aftermath of the Jan. 6 insurrection at the U.S. Capitol, one thing is clear: Allegations of incitement will be hard to sustain unless the Supreme Court modernizes its rulings on the issue.
The Court ruled in the 1969 case of
Brandenburg v. Ohio that speech is constitutionally protected except where it is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” That decision has grown increasingly problematic as the modes, channels and consequences of modern communication have changed fundamentally the context to which it is being applied. The Court struggled admirably to enhance freedom of speech, with Justices Douglas and Black rejecting the “clear and present danger” doctrine framed earlier by Justice Holmes. Yet Holmes’ underlying metaphor lingers: Who can claim the right to shout fire in a crowded theater? ....

North-carolina , United-states , Ohio , John-milton , Mitch-mcconnell , Rudolf-giuliani , Justice-holmes , Learned-hand , David-hale , Supreme-court , Circuit-court , Justices-douglas