The US District Court of Appeals for the 9th Circuit's disregard of the US Supreme Court's ruling to lift Robert Alton Harris' stay of execution is an example of judicial impudence. Judicial impudence occurs when judges exceed their powers to reach a conclusion that better serves their own interests than the rule of law. Impudent judges inflate their authority and disrupt the systematic power balances and legal predictability established by the doctrine of judicial review. The relationship between state courts, the lower federal courts and the US Supreme Court in litigating capital cases is examined.
Publication Name: Supreme Court Review
The new First Amendment jurisprudence: a threat to liberty
Scholars on the left such as Owen Fiss interpret the First Amendment as a means to produce the widest possible public debate, thereby mistaking the effect of free speech for the cause. Such arguments could limit the freedom of broadcasters or newspapers which prefer not to promote certain views. The next step is the suppression of speech considered offensive to certain groups. The speech codes adopted by several universities show how this view of free speech violates principles of content-neutrality. Neither forced consumption nor suppression of opinions is consistent with freedom of speech.
Publication Name: University of Chicago Law Review
The 1994 term of the US Supreme Court was marked by a discussion of the return to first principles, but the decisions did not evidence a radical departure from precedent. The rights and doctrines established by the Warren Court have not been erased by subsequent conservative courts and they appear to have become part of constitutional jurisprudence. The court did hear cases on reapportionment, affirmative action and religion, but the revolutionary possibilities that may have been in the air did not result in departures from precedent.
Publication Name: Harvard Law Review
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