Word: sunstein
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Dates: during 2000-2009
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...This reference to international practices is a very big deal," says Cass Sunstein, a constitutional scholar at the University of Chicago Law School, and is part of a surprising new trend in Supreme Court thinking. Overseas legal practices were also cited by the court in the 2002 ruling on the mentally retarded and in a 2003 decision overturning a Texas law banning gay sex. For his part, Scalia blasted his brethren for suggesting that "American law should conform to the laws of the rest of the world" and pointed out that the U.S. has unique legal traditions...
...It’s likely that some of the justices will be highly uncertain that the lower court got it right,” Sunstein said...
Justices frequently look for a conflict in the lower courts before agreeing to review an issue, said Visiting Professor of Law Cass R. Sunstein ’75. “But on the other hand, this is a case of evident national importance, and if the U.S. government wants the Court to hear it, the Court is often attentive to that fact,” Sunstein said...
Once the domain solely of activists, animal law has steadily gained respect among law schools and legal scholars since 2000, when Wise's first book, Rattling the Cage, provided an academic argument for granting legal rights to animals. Now some 40 law schools offer courses on the topic. Cass Sunstein, professor at the University of Chicago Law School, explains the appeal in ethical terms: "There is a universal agreement that animal suffering matters. Even those who think they despise the notion of animal rights think that suffering and cruelty are problems...
...with any court, what Rehnquist has built could be torn down over time, but it would not be a day's work. "His doctrines are quite entrenched," says Chicago law professor Cass Sunstein, "both because the court respects its own precedents and because there aren't any liberals on the bench. There are moderates, but nobody is leading a countercharge." If anything, it's more likely--particularly if Bush is re-elected--that a conservative will also replace liberal John Paul Stevens, 83. That would give conservatives their Holy Grail, an unstoppable majority. Such a majority would certainly consolidate...