Big Name Cases
This decision ordered for "all deliberate speed" to resolve the situation
Brown v Board/Brown 2
In a 2013 interview Justice Antonin Scalia repeated this word three times to describe the Constitution
dead, dead, dead
Alexander Hamilton once said that rather than force or will the Judicial branch should simply have this characteristic.
Judgment
This basic standard governs a society - they are to be applied to everyone without prejudice
principles
Unless a case creates this, you can’t just ask for a new right, or for Courts to demand current rights be taken seriously.
precedent setting
Video Prompt - Name this case
Miranda v. Arizona
This author we read was opposed to the idea that Judges were engaged in policy making or judicial activism, rather he believed it was about making sense of principles.
Dworkin
In a letter to a colleague, he said, "If my fellow citizens want to go to Hell I will help them. It's my job.“
O.W Holmes
The court can play a major “activist” role in protecting minorities and defending liberty according to this view
The Dynamic Court
These are the three different approaches to criminal justice
Retribution, deterrence, and rehabilitation
This 1930s case upheld Virginia’s forced sterilization laws, which had been implemented to try and inhibit
reproduction by "undesirable groups" for eugenic purposes
Buck v Bell
The Court is tied down to its conservative values according to this perspective argued for in The Hollow Hope
Constrained Court
Holding the police accountable has been neglected by the Supreme Court according to this Law Professor
Erwin Chemerinsky
This concept is defined as the widespread belief that law constitutes a collection of rules, issued from a lawmaker, which are widely obeyed by citizens or subjects
Legal Formalism
Justice Scalia held that creating positions for students of color at elite schools could potentially be damaging to the students in accordance with this theory
Mismatch theory
Decades of precedent were overturned in this higher education case
Students for Fair Admissions v. Harvard
This version of originalism was asserted as the correct means of judicial interpretation according to a failed Reagan appointee to the Supreme Court.
Intentionalism
According to Dworkin, Judges are not setting out goals that society is to fulfill and allocating resources to their
achievement, therefore they are not involved in this aspect of government
policymaking
Some argue that the era of this Supreme Court is the most "pro business" in history because of decisions such as Walmart v Dukes
Roberts Court
This is the view that Chemerinsky supports - that a constitution should evolve and change as society does
living constitutionalism
This case was a stark pivot according to Chemerinsky because The Supreme Court argued that it is not incumbent on the police to inform a person of their right to not consent to a search
Schneckloth v Bustamonte
In the Common Law, it is argued that law was eminently created to serve human purposes, and is stamped by the experiences of a given society over its history and development per this theory of judicial interpretation.
Legal Realism
“American courts are not all-powerful institutions. They were designed with severe limitations and placed in a political system of divided powers. To ask them to produce significant social reform is to forget their history and ignore their constraints..."
Gerald Rosenberg, The Hollow Hope
There are attitudes involved in creating doctrine, according to Feely and Rubin, best exemplified in this District Court Judge's actions in Arkansas.
To resolve a problem, the judge will engage in a creative and hermeneutic process to make policy according to these authors.
Feely and Rubin