Law

What in the world is “zombie precedent”?

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The term “zombie precedent” is a fascinating concept in legal discourse, particularly in discussions surrounding judicial decisions that have outlived their original context or support. This intriguing phrase was popularized by Justice Antonin Scalia, who likened certain Supreme Court rulings to a ghoul that refuses to stay buried. Specifically, Scalia referred to the infamous Lemon test, which has haunted the court’s Establishment Clause jurisprudence for decades. The notion of a zombie precedent encapsulates the idea that some legal precedents can linger, re-emerging in legal arguments despite being largely discredited or abandoned. The Origins of Zombie … Read more

SCOTUStoday for Friday, December 19

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On December 19, the Supreme Court of the United States (SCOTUS) continues to engage the public with significant updates and insights. As the holiday season approaches, the court’s activities may shift, but the importance of its rulings remains steadfast. This edition of SCOTUStoday highlights key aspects of the court’s recent history, ongoing cases, and interesting anecdotes that provide a glimpse into the workings of this vital institution. Upcoming Changes in SCOTUS Schedule In light of the holiday season, SCOTUS will implement a modified schedule in the upcoming weeks. Starting Monday, December 22, there will be … Read more

An Off-Ramp for the Court’s Next Big Gun Case

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The upcoming case of United States v. Hemani presents a pivotal moment for the Supreme Court as it prepares to deliberate on the complexities surrounding gun ownership and the implications of drug use under federal law. The case centers on the interpretation of 18 U.S.C. § 922(g)(3), which criminalizes firearm possession by individuals deemed unlawful users of controlled substances. With the increasing legalization of marijuana in various states, the statute’s application has become controversial, raising questions about its constitutionality and the broader implications for gun rights in America. Understanding the Legal Landscape In Hemani, the … Read more

Judiciary Learning Center Bridges Gap Between Science and Law

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The intersection of science and law has become increasingly relevant in today’s society, where technological advancements continuously challenge existing legal frameworks. In response, the Judiciary Learning Center at the National Courts Building in Washington, D.C., offers a unique educational experience that aims to bridge this gap. This initiative not only enhances students’ understanding of the law but also encourages them to appreciate the role of scientific innovation in shaping legal principles. Innovative Learning Experiences The Federal Circuit Center for Innovation and Law provides an immersive environment for middle and high school students to explore the … Read more