• Chisholm v. Georgia (1793) | An Introduction to Constitutional Law
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    Chisholm v. Georgia (1793) | An Introduction to Constitutional Law

    An Introduction To Constitutional Law 100 Supreme Court Cases Everyone Should Know By Randy Barnett and Josh Blackman #1: Chisholm v. Georgia (1793) Referring to the first three words of the Constitution. He explained that quote our national scene opens with the most magnificent object which the nation could present. The people of the United States are the first personages introduced. Finally, Wilson turns to the text of Article 3 Section 2. By ratifying this provision Wilson says the people of Georgia had consented to the jurisdiction of the Supreme Court when the state of Georgia was sued by a citizen of another state ”As to the purposes of the…

  • 2019 Wright Lecture – Mark Tushnet – “Institutions for Protecting Constitutional Democracy”
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    2019 Wright Lecture – Mark Tushnet – “Institutions for Protecting Constitutional Democracy”

    (audience applauds) Thank You, Dean Iacobucci and Professor Su. Thanks to the Dean for inviting me to give this lecture, and to the faculty as a whole for its hospitality during my two weeks here teaching an intensive course. I will say a little more detail about the nature of this project in a moment. But I just wanna launch into the discussion directly with the observation that if I don’t blather on too long, I’m happy to have questions and discussion after I’ve concluded my main presentation. Particularly because this is an early stage of what I hope to be a more extended project. So let me frame the…

  • Why YouTube Can Exist | Sony v. Universal
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    Why YouTube Can Exist | Sony v. Universal

    Mr. Beat presents Supreme Court Briefs Tokyo, Japan, May 10, 1975 Sony develops a new technology called Betamax. It was the first video tape recording form made widely available for the public. People could use this technology to, for the first time ever, record stuff from live TV or even from other recordings for future use. Now, eventually, Betamax would lose the of the late 1970s and early 1980s to its archenemy, the dreaded VHS. (Sony Betamax commercial) While Beta was a formidable opponent, VHS triumphed, until it eventually was defeated in another war to the great DVD. Anyway, for the first couple years, before VHS entered the scene, Betamax…

  • Why You Get a Lawyer If You Can’t Afford One | Gideon v. Wainwright
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    Why You Get a Lawyer If You Can’t Afford One | Gideon v. Wainwright

    Mr. Beat presents Supreme Court Briefs Panama City, Florida June 3rd, 1961 Sometime between midnight and 8am, someone breaks into the Bay Harbor Poolroom and steals money from a cash register. One witness reported that they had seen a man named Clarence Earl Gideon walk out of the poolroom at around 5:30 that morning, walking out with a wine bottle and his pockets filled with wads of cash Gideon, a drifter who spent most of his adult life in and out of different prisons for nonviolent crimes, was an easy target. Police arrested him for breaking and entering and trying to steal. Well, as it turns out, Gideon had no…

  • How Does a Case End Up at the Supreme Court? [No. 86]
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    How Does a Case End Up at the Supreme Court? [No. 86]

    Cases come to the Supreme Court almost exclusively from two sources. A decision of a state Supreme Court that involves a federal question, constitutional or statutory. And cases from the federal courts of appeals that raise a question that the court decides is worthy of further review, or in a few instances that have to be heard by the Supreme Court by reason of appeal. The court system is hierarchical with three tiers in the structure. So there’s a trial court and a court of appeals and then ultimately a Supreme Court. The facts have been settled by the trial court and will not be upset unless there is a…

  • Justice Ruth Bader Ginsburg visits Berkeley Law
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    Justice Ruth Bader Ginsburg visits Berkeley Law

    [APPLAUSE] Good afternoon. My name is Erwin Chemerinsky, and I’m tremendously fortunate to be the dean of Berkeley Law. This is a very special occasion for us. It is the inaugural Herma Hill Kay Memorial Lecture. Herma Hill Kay taught at Berkeley Law for 57 years. She was the second woman to be on the Berkeley Law faculty. She spent a decade as dean, the first woman dean on the faculty. She was a mentor to literally thousands of students. She was an expert in many fields of law– family law, conflicts of law, feminist jurisprudence. This is what I hope will be the first of many lectures to come…

  • Roe v. Wade: A Legal History | Part Two: The Right to Privacy
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    Roe v. Wade: A Legal History | Part Two: The Right to Privacy

    By the time Roe v. Wade came down, she’d actually already had the baby, so the reason the case continued was because there was a desire both by litigants and by the Supreme Court to address the issue, not because it was a individual pressing case that someone brought. The first argument was in the winter of 1971 but two Justices had suddenly died prior to that argument so they were short on the bench. They have the oral argument in Roe. Shortly after, they have the oral argument in a case called Eisenstadt versus Baird, which was about extending the right to use contraception beyond married couples to single…