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Strip Search Case Reveals the Need for Another Female Justice
Special to Law.com
May 13, 2009
The tenor of some of the media coverage of the school strip search case now before the U.S. Supreme Court -- as well as comments made by some of the justices during oral argument -- has been disquieting, writes attorney Cheryl D. Stein. The nature of the reactions illustrates both that our society is still too tolerant of assaults on the dignity of women and that institutions such as the Supreme Court that lack significant input from women are not equipped to recognize or to redress that problem, Stein says.
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Supreme Court Sides With Consumers in Federal Arbitration Ruling
Special to Law.com
March 20, 2009
In a case that pitted Discover Bank against a defaulted credit card customer, a divided U.S. Supreme Court recently resolved a long-standing circuit split regarding parties' ability to seek federal court assistance to compel arbitration of litigation pending in state court. Though the majority opinion was a win for the consumer, Discover can find some solace in having split the Court nearly as well as it hoped to split the customer's state-court counterclaims, writes attorney J. Noah Hagey.
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Strip-Searching Kids: A Bad Prescription
The National Law Journal
March 3, 2009
Educators cannot responsibly ignore tips that students may be taking or distributing dangerous drugs, but the Supreme Court has long recognized that students do not abandon their rights at the schoolhouse door, writes commentator Vivian Berger. In a recently-granted case involving the strip-search of an eighth-grade girl for prescription drugs, the justices may duck the constitutional issue and pen a decision that effectively validates a bad practice, without having to defend it directly, Berger predicts.
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'Winter v. NRDC': Limit the President's Emergency Power
The National Law Journal
December 23, 2008
The Supreme Court's recent decision in Winter v. NRDC touched on the issue of the scope and extent of the president's power in times of emergency, law professors Victor Hansen and Lawrence Friedman write. Although an emergency situation certainly existed on Sept. 11 and in the days thereafter, for how long may a president act unilaterally, ignoring laws and procedures, without authorization from Congress? Hansen and Friedman say the Court's Fourth Amendment jurisprudence provides valuable guidance.
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After 'Heller,' Reason Can Prevail
The National Law Journal
September 23, 2008
The U.S. Supreme Court's historic Second Amendment decision last term shouldn't necessarily be read as a harbinger of doom by gun-control advocates and as cause for celebration by the National Rifle Association and its allies, professor David M. Kennedy writes. We've been distracted by the dramatic culture war over guns, but after D.C. v. Heller, we can concentrate on taking common-ground steps to prevent the illegal trafficking and diversion of guns to people everybody agrees shouldn't have them.
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