Legal Theory

Chemerinsky: What will the conservative high court mean for 2019?

As a new year begins, it always is tempting to try to forecast what to expect from the U.S. Supreme Court in the months ahead. This year, there seems to be more questions than predictions in terms of what to look for in 2019.

Jan 3, 2019 6:00 AM CST

IBM, GE, Facebook, Google and the law—lessons learned, or lessons forgotten?

How can newly powerful, global tech companies fulfill their legal responsibilities to customers, employees, shareholders and the different societies in which they operate? And how can lawyers help? Three developments this summer—as well as generations-old choices at IBM—highlight these questions: • On June 19, General Electric was removed from the…

Sep 20, 2018 8:00 AM CDT

What would it mean to impeach a president? (podcast)

The authority to impeach and remove a U.S. president is one of the legislative branch's most powerful weapons. But in the country's history, despite many periods of open hostility between Congress and the executive branch, no president has been removed from office through the impeachment procedure. Why is that?

Jul 25, 2018 6:00 AM CDT

Uncovering the secret history of how corporations gained their civil rights (podcast)

When we think of civil rights movements, the first to spring to mind might be the battles against African-American segregation or for women's suffrage. But one of the longest, most successful–and least-known–of these movements in America has been made on behalf of corporations. In this episode of the Modern Law Library, professor Adam Winkler, author of We the Corporations: How American Businesses Won Their Civil Rights, shares what he learned from his investigation into how corporations have achieved constitutional protections ranging from the right to sue and be sued, to individual rights like religious liberty protections and free speech.

Mar 21, 2018 8:30 AM CDT

Does ideology influence editors’ law review picks? Study finds a correlation

Editors choosing law review articles are influenced by shared ideology with the authors, according to a working paper by three University of Chicago law professors.

Feb 12, 2018 8:00 AM CST

Kavanaugh lands in top six in ‘Scalia-ness’ ranking of SCOTUS contenders; who is No. 1?

Before Neil M. Gorsuch became a U.S. Supreme Court justice, a study of potential Supreme Court nominees had rated him as more “Scalia-like” than Chief Justice John G. Roberts Jr. and Samuel A. Alito Jr. The description proved true as Gorsuch took originalist positions and sided with Justice Clarence Thomas.…

Jan 16, 2018 8:00 AM CST

‘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