The Supreme Court's "Prisoner Dilemma:" How Johnson, RLUIPA, and Cutter Re-Defined Inmate Constitutional Claims

How to Avoid a “Holy War”—Dealing With Potential RLUIPA Claims

Constitution. UNDERSTANDING RLUIPA CLAIMS: THE LEGAL, POLITICAL, AND SOCIAL LANDSCAPE Local government officials need to understand that the “landscape” they will have to navigate when seeking to avoid a RLUIPA claim has legal, political, and social dimensions. Legally, RLUIPA claims occupy a middle ground between challenges to land use regulations in which government is presumed to have acted ...

Dolly and Alice

The opinion of the United States Court of Appeals for the Federal Circuit, In re Roslin Institute, rejecting patent claims to mammals cloned from somatic cells, was rendered about a month before the United States Supreme Court's decision in Alice Corp. v. CLS Bank International. The Alice opinion explicitly sets out the standard for determining whether an invention falls within statutory patent...

Taking the People Seriously ( I )

The subtitle of Professor Goldstein's timely and important book is "The Supreme Court's Obligation to Maintain the Constitution as Something We the People Can Understand." Essentially, Professor Goldstein contends that the Court must explain its constitutional decisions in a manner that is comprehensible to the public because continuing public consent is the true source of the Court's legitimac...

Was There a Baby in the Bathwater? a Comment on the Supreme Court's Legislative Veto Decision*

Examining the Supreme Court's recent decisions in the legislative veto case, Professor Strauss stresses the importance of a distinction no Justice observed between use of the veto in matters affecting direct, continuing, political, executive-congressional relations, and use of the veto in a regulatory context. Only the latter, he argues, had to be reached by the Court; and only the latter prese...

The Japanese Constitution As Law and the Legitimacy of the Supreme Court's Constitutional Decisions: A Response to Matsui