Amicus Curiae Research Articles

Brief of Legal Scholars Defending Race-Conscious Admissions as Amici Curiae in Support of Respondents, SFFA v. Harvard (20-1199) and SFFA v. University of North Carolina at Chapel Hill (21-707)

Brief of Legal Scholars Defending Race-Conscious Admissions as Amici Curiae in Support of Respondents, SFFA v. Harvard (20-1199) and SFFA v. University of North Carolina at Chapel Hill (21-707)

Brief of Patent Law Professors as Amici Curiae in Support of Petitioners (Apple Inc. et al. v. California Institute of Technology)

Brief of Patent Law Professors as Amici Curiae in Support of Petitioners (Apple Inc. et al. v. California Institute of Technology)

Brief of <i>Amici Curiae</i> in Support of Respondents in County of Maui v. Hawaii Wildlife Fund; Sierra Club - Maui Group; Surfrider Foundation; West Maui Preservation Association, No. 18-260

Brief of <i>Amici Curiae</i> in Support of Respondents in County of Maui v. Hawaii Wildlife Fund; Sierra Club - Maui Group; Surfrider Foundation; West Maui Preservation Association, No. 18-260

Brief <i>Amici Curiae</i> in Support of Respondents in Virginia Uranium, Inc. v. John Warren, No. 16-1275

Brief <i>Amici Curiae</i> in Support of Respondents in Virginia Uranium, Inc. v. John Warren, No. 16-1275

Amici Curiae Brief, Scholars of Eighth Amendment Law, Submitted in Scott v. Pennsylvania Bd. of Pardons and Parole

Amici Curiae Brief, Scholars of Eighth Amendment Law, Submitted in Scott v. Pennsylvania Bd. of Pardons and Parole

Amici Curiae Brief of Professors Joseph A. Grundfest and Mohsen Manesh in Lee v. Fisher (Ninth Circuit En Banc) with Concurring Letter from Former Delaware Chief Justices, Justices, Chancellors, and Vice Chancellors

Amici Curiae Brief of Professors Joseph A. Grundfest and Mohsen Manesh in Lee v. Fisher (Ninth Circuit En Banc) with Concurring Letter from Former Delaware Chief Justices, Justices, Chancellors, and Vice Chancellors

Brief of Professors Mark C. Weber and Bernard P. Perlmutter as Amici Curiae in Support of Petitioner (U.S. Supreme Ct. No. 21-887)

Brief of Professors Mark C. Weber and Bernard P. Perlmutter as Amici Curiae in Support of Petitioner (U.S. Supreme Ct. No. 21-887)

Constitutional Court of Ecuador, Case No. 253-20-JH, Amicus Curiae Submitted by Harvard Law School Brooks McCormick Jr. Animal Law & Policy Program and the Nonhuman Rights Project

Constitutional Court of Ecuador, Case No. 253-20-JH, Amicus Curiae Submitted by Harvard Law School Brooks McCormick Jr. Animal Law & Policy Program and the Nonhuman Rights Project

Public Amicus Curiae to the Supreme Court on Abortion

Public Amicus Curiae to the Supreme Court on Abortion

Confessions at the Supreme Court: Judicial Response to Solicitor General Error

AbstractAs the chief litigator for the US government, the solicitor general plays a crucial role in the Supreme Court decision-making process. The justices and solicitor general share a mutually beneficial relationship that is reinforced by the solicitor general’s willingness to provide legal advice when asked. In this article, we examine whether and how this relationship changes when the solicitor general files a formal “confession of error.” Using data on confessions filed between the 1979 and 2014 terms, we find the justices are significantly less likely to support the solicitor general’s position at multiple stages of the Court’s decision-making process if the solicitor general confesses error in light of a policy change. This punishment is harshest when the solicitor general provides advice as an amicus curiae participant, but it is only temporary. These results provide new insight into the scope and limitations of benefits allotted to the Court’s “tenth justice.”

Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the U.S Commission on Civil Rights, in Their Personal Capacities in Support of Petitioner in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (No. 20-1199) (Merits Stage Version)

Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the U.S Commission on Civil Rights, in Their Personal Capacities in Support of Petitioner in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (No. 20-1199) (Merits Stage Version)

Amicus Curiae Submissions by the Chagossian Committee Seychelles in the Dispute concerning Delimitation of the Maritime Boundary between Mauritius and Maldives

Amicus Curiae Submissions by the Chagossian Committee Seychelles in the Dispute concerning Delimitation of the Maritime Boundary between Mauritius and Maldives

Brief For Amicus Curiae The Kentucky Commission on Human Rights, Turner v. Norton Healthcare (Kentucky Supreme Court, No. 22-SC-0004)

Brief For Amicus Curiae The Kentucky Commission on Human Rights, Turner v. Norton Healthcare (Kentucky Supreme Court, No. 22-SC-0004)

Brief Amicus Curiae of Professor Lorianne Updike Toler in Support of Neither Party

Brief Amicus Curiae of Professor Lorianne Updike Toler in Support of Neither Party

Belgium ∙ Belgian Competition Authority Publishes Amicus Curiae on Exclusive Sponsorships in Sporting Competitions

Belgium ∙ Belgian Competition Authority Publishes Amicus Curiae on Exclusive Sponsorships in Sporting Competitions

An Unfriendly ISDS for a Friend of the Court? the Extent of Amicus Curiae Participation in Environmental Investment Disputes

An Unfriendly ISDS for a Friend of the Court? the Extent of Amicus Curiae Participation in Environmental Investment Disputes

Brief of Amici Curiae 38 Law, Economics, and Business Professors in Support of Appellant/Cross-Appellee

Brief of Amici Curiae 38 Law, Economics, and Business Professors in Support of Appellant/Cross-Appellee

The Janus Face of Agricultural Policies, Kisans and Sethias: Local and Global

Indian agriculture is at a crossroads. We can plan out the phasing of reforms or force the pace and mess up the process. The Supreme Court had taken a practical stand on the Farm Trade Laws—implement them after consultation and with a well-defined framework spelt out. They had also appointed an expert amicus curiae. But this was not acceptable to the agitating farmer organisations in view of the stated views the experts had. It is possible that experts can re-examine their position as the Court said, but not highly probable. So going back to direct negotiations led to the stand the government has taken of holding the laws in abeyance for a year or a year-and-a-half. This will provide time for discussion of the details of agricultural reform which was needed since the laws were passed in a hurry on a single day. To begin with, it has to be understood that in a continental country one-size-fits-all will not work. The policy bind India is in is therefore a difficult one, even if the arguments are not ideologically anti-trade or those that lack policy interest. If a feasible alternate transitional policy set exists, a sensible approach would be to try to establish a roadmap of economic policies for, say a few major crops, and see if feasible alternatives exist.

The Amicus Curiae in International Criminal Justice by Sarah WILLIAMS, Hannah WOOLAVER, and Emma PALMER. Chicago: Hart Publishing, 2020. liv + 367 pp. Hardback: £80.00; Paperback: £39.99; eBook (PDF): £35.99. doi: 10.5040/9781509913350

The Amicus Curiae in International Criminal Justice by Sarah WILLIAMS, Hannah WOOLAVER, and Emma PALMER. Chicago: Hart Publishing, 2020. liv + 367 pp. Hardback: £80.00; Paperback: £39.99; eBook (PDF): £35.99. doi: 10.5040/9781509913350 - Volume 12 Issue 1

THE IMPACT OF TRANSFORMATIVE CONSTITUTIONALISM IN ADDRESSING THE MARGINALISATION OF DOMESTIC WORKERS IN POST- APARTHEID SOUTH AFRICA WITH SPECIFIC REFERENCE TO MAHLANGU AND ANOTHER V MINISTER OF LABOUR AND OTHERS (COMMISSION FOR GENDER EQUALITY AND ANOT

Domestic workers play an important role in supporting the labour market and the economy, enabling economically active members of society to pursue their careers and aspirations. Sadly, despite this, domestic work remains undervalued and unrecognised and domestic workers continue to suffer as the most oppressed and exploited sector of the economy. This paper will explore domestic workers’ rights in post-apartheid South Africa, as well as the reforms and measures taken to improve their employment conditions. Transformative constitutionalism will be scrutinised with reference to the case of Mahlangu and another v Minister of Labour and Others (Commission for Gender Equality and Another as amici curiae) as a possible answer to the continued marginalisation of domestic workers. Although transformative constitutionalism as a legal theory is still relevant for transformation, a large-scale cultural reform is also needed before domestic workers will finally enjoy the promise of a free and equal South Africa.