This is Briefly, a production of the University of Chicago Law Review. Today we’re covering Supreme Court advocacy and the separate sovereigns doctrine with Michael Scodro, partner at Mayer Brown. We discuss Mr. Scodro's experiences arguing before the Supreme Court and the Court's recent Gamble decision, which analyzed whether the Double Jeopardy Clause protects a … Continue reading Briefly 3.7 – Supreme Court Advocacy and the Separate Sovereigns Doctrine
Eric Segall’s Originalism as Faith is a quick, easily-digestible summary of the conventional wisdom about the Supreme Court’s relationship to original meaning for large portions of the legal academy. Prominent textbook authors like Deans Erwin Chemerinsky and Geoffrey Stone tout it as “masterful” and “persuasive.” Originalism is false, Segall contends, because its adherents on the … Continue reading Originalism as Faithfulness by Christopher R. Green
This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing who corporations serve. There has been a widespread belief for several decades that corporations exist to serve the interests of their shareholders. But that idea has come under increasing pressure by those who believe corporations should serve the interests of … Continue reading Briefly 3.6 – Who Do Corporations Serve?
Prosecutors seem to be the primary target for criminal justice reformers today, and with good reason: they are key gatekeepers to whether criminal charges get brought or not, and the particular charges they bring often dictate a defendant’s sentence. In a world dominated by plea bargains, prosecutors are essentially the final adjudicators in most criminal … Continue reading Criminal Justice Reform and the Courts by Rachel E. Barkow
I. Mississippi and Tennessee’s water fight in the U.S. Supreme Court Water is pretty important. There’s a reason why people have been fighting over it for over a thousand years. We need it for the essentials—drinking, washing, and shipping things. We need it for the conveniences—our grassy front yards, our bottled water, and our … Continue reading Why Mississippi’s Plea to the Supreme Court That It “Owns” Its Water and That Tennessee Is “Stealing” It Is Just Wrong by Joseph Regalia
This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing an article by Samuel Moyn, Professor at Yale Law School, called "Law Schools Are Bad for Democracy" and a response to that article by Yuval Levin, editor of National Affairs. We spoke to Professor Moyn and Mr. Levin about their … Continue reading Briefly 3.5 – Are Law Schools Bad for Democracy?
Forensic reports linking a defendant to a crime—such as drug tests, blood analysis, DNA profiles, and much more—often constitute the most powerful and persuasive evidence that can be offered at a criminal trial. Yet the Supreme Court is sharply divided about the constitutionally required foundation for the admission of such reports. Its opinions on the … Continue reading The Admissibility of Forensic Reports in the Post–Justice Scalia Supreme Court by Laird Kirkpatrick