Retaining Life Tenure: The Case for a “Golden Parachute”

Ryan W. Scott and David R. Stras
The first vacancies on the Supreme Court in eleven years have sparked renewed debate about the continued viability of life tenure for federal judges. Scholars have decried life tenure as one of the Framers’ worst blunders, pointing to issues such as strategic retirement, longer average tenure, and widespread mental infirmity of Justices. In this Article, the authors argue that, notwithstanding the serious problem of mental and physical infirmity on the…

Lochner v. New York: A Centennial Retrospective

One hundred years after the Supreme Court invalidated a law regulating bakers’ working hours as a violation of liberty of contract in Lochner v. New York, the case and its legacy are at the forefront of debate over the Constitution. This Article, prepared for Lochner’s centennial, discusses two aspects of Lochner’s history that have not yet been adequately addressed by the scholarly literature on the case. Part I of the…

The Elusive Meaning of Religious Equality

Raging national debates about the relationship of church and state often find parties sparring over whether the government is treating religious interests equally. This Article endeavors to explain why there is such widespread disagreement about the meaning of religious equality. It explores both jurisprudential and doctrinal sources of dispute, including: the multidimensional nature of equality generally, the uniqueness of religion, the difficulty of defining religion, and the problem of identifying…

The Child Medication Safety Act: Special Treatment for the Parents of Children with ADHD?

Emily Berntsen