The 1905 Supreme Court case Lochner v. New York has long been a lightning rod for the claim that unelected judges have no place in our Constitutional system striking down laws purporting to ensure public health and safety. The periled precedent played its part this week as UT Law student Noah Horwitz dutifully deployed it against […]
On September 13, 1810, William Cushing passed away in Scituate, MA. Cushing had served his nation in a number of important and prestigious roles: Chief Justice on the Supreme Judicial Court of Massachusetts during the Revolution, one of the six original Associate Justices of the Supreme Court of the United States (where he served for […]
On August 8, 2017, the State of Oklahoma suffered a major jurisdictional defeat. In Murphy v. Royal, —F.3d—, 2017 WL 3389877 (10th Cir. Aug. 8, 2017), it was held that a large swath of Oklahoma, including the Tulsa metropolitan area, falls within a reservation of the Creek Nation; that the Creek Reservation has never been disestablished […]
Arbitration has become a staple of modern dispute resolution—the alternative par excellence to court adjudication for almost “every type of justiciable claim.” Its rise can largely be attributed to the use of arbitration clauses, contractual provisions that require legal claims be resolved in informal, non-judicial forums. What’s more, arbitration clauses received federal imprimatur over a […]
Absent class members play a protean role in the lifecycle of a lawsuit. Parties for some purposes, but not others,  their status continues to vex courts in a variety of situations. That incoherence largely stems from Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985). There, state and federal courts were permitted to exercise […]
Here we go, again. Today, Senator Dick Durbin expressed his befuddlement, perhaps with underlying disdain, as to why an overwhelming majority of this administration’s judicial nominations have either currently or previously been members of the Federalist Society. Our Editor-in-Chief, Joel Nolette, previously covered Senator Durbin’s fear of the Federalist Society. Senator Durbin expressed his concern in […]
Yesterday marked the end of the Court’s October Term 2016, meaning the last few cases yet to be decided were announced and various pending matters were otherwise disposed of (deets on that can be found here and other forthcoming summaries). It was a pretty typical end-of-term day, what with big cases granted cert for argument next term, an interesting constitutional decision announced, and the commentariat atwitter just trying to keep up.