Northwestern University Law Review

Scholarly journal that features legal commentary, emerging developments, topic analysis, and controversial issue debate.

Articles from Vol. 106, No. 2, 2012

ACT III OF THE MINISTERIAL EXCEPTION[dagger]
ABSTRACT-The Supreme Court's recent decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC marks a resounding victory for the principle of church self-governance and the autonomy of religious institutions. But it is just the beginning...
"A Deposition Is Not a Take Home Examination": Fixing Federal Rule 30(e) and Policing the Errata Sheet
ABSTRACT-Federal Rule of Civil Procedure 30(e) allows a deponent thirty days after a deposition in which to make "changes in form or substance." Courts are split in their interpretation of just how broad a range of alterations the Rule envisions and...
A Fixture on a Changing Court: Justice Stevens and the Establishment Clause
ABSTRACT-Throughout his time on the Supreme Court, Justice John Paul Stevens consistently took the "strict separationist" approach to the Establishment Clause. This led him to write and join opinions that stated that the Establishment Clause is violated...
ARE EVEN UNANIMOUS DECISIONS IN THE UNITED STATES SUPREME COURT IDEOLOGICAL?[dagger]
ABSTRACT-The fact that a substantial percentage of Supreme Court decisions are unanimous is often used to undermine the theory that the Court's decisions are ideologically driven. We argue that if the ideological stakes in a case are small, even slight...
Continuing the Constitutional Dialogue: A Discussion of Justice Stevens's Establishment Clause and Free Exercise Jurisprudence
ABSTRACT-This article examines Justice John Paul Stevens's religion clause jurisprudence from the perspective of a continuing dialogue about the meaning of the Free Exercise Clause and the Establishment Clause. The term continuing dialogue suggests that...
Dmca § 512 Safe Harbor for Anonymity Networks amid a Cyber-Democratic Storm: Lessons from the 2009 Iranian Uprising
ABSTRACT-In 2009, the world watched as Iranians took the online services that many have come to regard as tools of procrastination- services like Twitter, Facebook, and YouTube-and transformed them into tools of cyber-democratization. When the Iranian...
Foreword: The Legacy of Justice John Paul Stevens
When Justice John Paul Stevens announced his retirement in April of 2010, the editors of the Northwestern University Law Review had already begun planning a long-overdue celebration of his life and work. Nearly sixty-five years after Justice Stevens's...
Justice John Paul Stevens, Originalist
ABSTRACT-Commentators, including the author of a recent book on the Supreme Court, often attempt to give each Justice a methodological label, such as "practitioner of judicial restraint," "legal realist," "pragmatist," or "originalist." This Essay first...
Justice Stevens and the Chevron Puzzle
ABSTRACT-Justice Stevens's most famous decision-Chevron U.S.A. Inc. v. NRDC-has come to stand for an institutional choice approach to agency interpretation. But there is no evidence that Justice Stevens shared this understanding. Instead, he followed...
Justice Stevens and the News Media: An Exercise in Exposition
ABSTRACT-Justice John Paul Stevens in nearly 35 years on the U.S. Supreme Court had few dealings with the news media. Nonetheless, anecdotes of his press relations, as well as his opinion-writing in cases related to First Amendment press freedom, provide...
Justice Stevens, Religious Enthusiast
ABSTRACT-It is sometimes alleged that Justice John Paul Stevens is hostile to religion. In fact, however, Justice Stevens espouses a position with religious roots and enthusiastically embraces a distinct conception of religion. This casts doubt on the...
Justice Stevens's Black Leather Arm Chair
As a law clerk to Justice Stevens in the October Term 2002, I felt that the very best part of the job came almost every afternoon. Without any advance warning, the Justice would get up from his desk and walk through chambers to the law clerks' main office...
Northwestern University School of Law's 151stcommencement Address
Although I am a graduate of Northwestern Law School, this is my first Northwestern Law School commencement. The Class of 1947, of which I am a member, completed its six semesters of study in just two calendar years. We were mostly veterans of World War...
Reflections on Ot07
"[H]e didn't teach us what to do as much as he helped us learn what we were capable of doing."[dagger]That's how Kenneth Manaster recently described Justice Stevens's approach to the young lawyers who staffed him on the 1969 Special Commission charged...
Some Thoughts on Justice Stevens and Judging
Justice Stevens served on the Supreme Court for thirty-five years and on the Seventh Circuit for five years before that, so summarizing his judicial career will be a multi-year, multi-volume project for legal scholars. But Justice Stevens's underlying...
Stripping the Gears of National Government: Justice Stevens's Stand against Judicial Subversion of Progressive Laws and Lawmaking
ABSTRACT-Since William Rehnquist became Chief Justice in 1986, the Supreme Court has been aggressively activist in narrowing, undermining, or effectively nullifying an array of statutes-in particular the vast edifice of regulatory, safety net, and civil...
Supreme Court Prequel: Justice Stevens on the Seventh Circuit
ABSTRACT-Justice Stevens's retirement from the U.S. Supreme Court has occasioned numerous retrospectives on his lengthy career as a Supreme Court Justice. Yet Justice Stevens's career began on the Seventh Circuit and his voting behavior and doctrinal...
"The Essence of a Free Society": The Executive Powers Legacy of Justice Stevens and the Future of Foreign Affairs Deference
ABSTRACT-After 9/11, Justice John Paul Stevens insisted the United States maintain its foundational commitment to the rule of law-the very "essence of a free society." Justice Stevens led the Court's scrutiny and rejection of early Bush Administration...
The Institution Matching Canon
ABSTRACT-This Article identifies and analyzes a transsubstantive tool of constitutional doctrine that to date has escaped scholarly attention. The Article terms this device the "institution matching" canon. It can be stated briefly as follows: When the...
THE IRONY OF HOSANNA-TABOR EVANGELICAL LUTHERAN CHURCH AND SCHOOL V. EEOC[dagger]
ABSTRACT-In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a schoolteacher sued her employer for retaliating against her in violation of the American with Disabilities Act (ADA). The success of her ADA claim turned on whether the Supreme...
The Rise and Fall of the Separation of Powers
ABSTRACT-The U.S. Constitution's separation of powers has its origins in the British idea of the desirability of a Mixed Regime where the King, the Lords, and the Commons all checked and balanced one another as the three great estates of the realm. Aristotle,...
Tribute to Justice John Paul Stevens
It is an honor to pay tribute to a man who truly needs no tributes- Justice John Paul Stevens of the Class of 1947. Justice Stevens was born in 1920 here in Chicago, Illinois, and he graduated from Northwestern Law School sixty-four years ago with the...
Using Appraisal to Protect Net Operating Loss Carryforwards
ABSTRACT-The Internal Revenue Service's net operating loss rules enable corporations to use one year's losses to offset their tax liability in future years. However, a corporation's ability to do so depends on its maintaining the same ownership: if enough...
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