From ssf6 at cornell.edu Tue Jul 1 08:39:39 2008 From: ssf6 at cornell.edu (LII Editor) Date: Tue Jul 1 10:32:16 2008 Subject: [liibulletin] LIIBULLETIN, End of the term, thank you, and highlights Message-ID: <486A258B.7000902@cornell.edu> ----------------------------------------------------------------------- AN E-BULLETIN LEGAL INFORMATION INSTITUTE -- CORNELL LAW SCHOOL lii\@lii.law.cornell.edu ----------------------------------------------------------------------- The 2007-2008 Supreme Court term has come to a close, and LIIBULLETIN now takes a break from publishing until mid-September, when we'll start previewing the upcoming term. Before we sign off to begin preparing the autumn previews, though, we wanted to thank the many contributors who make this bulletin possible: (http://www.law.cornell.edu/donorlist/ -- see http://www.law.cornell.edu/donors/ to make a contribution). We hope you'll hang in there until our schedule resumes. In the meantime, we leave you with term highlights prepared by LII Summer Editor Ryan J. Strasser (Cornell Law School Class of 2010): Highlights of the 2007-2008 Supreme Court term The 2007-2008 U.S. Supreme Court term proved both intriguing and unusual for followers of the Court and legal scholars alike. For the first time in over 65 years, the Supreme Court expounded upon the scope of Second Amendment gun rights and the contemporary relevance of the exhaustion doctrine in patent law. The Court also addressed a number of issues that resulted in unusual justice alignments that deviated from the expected ideological arrangement. For example, in Greenlaw v. United States, Ginsburg, Scalia, Thomas, Souter, and Roberts formed the majority with Alito, Stevens, and Breyer dissenting. Kentucky Retirement Systems v. EEOC witnessed Breyer, Roberts, Stevens, Souter, and Thomas joining in the majority opinion, with Kennedy, Scalia, Ginsburg, and Alito dissenting together. Such alignments have left commentators wondering whether the academic community overstated its proclamation of a strictly ideological, conservative Court following the Roberts and Alito appointments. Scholars consider the decisions in Boumediene v. Bush, the Guantanamo detainee case, and Kennedy v. Louisiana, the execution for child rape case, to be liberal opinions, which indicate that ideology alone will not determine the Court's jurisprudence in every case. The 2006-2007 Supreme Court term left a wake in which 30% of cases ended with a 5-4 split decision. In 2007-2008, however, the Court witnessed considerably fewer 5-4 splits, as only 17% of cases ended in this manner. Surprisingly, unanimity also decreased. Nine-to-zero decisions dropped from 25% last term to 18% this term, though the number of dissenting votes per decision stayed nearly steady. See SCOTUS Blog. Highlights of the term continue at: < http://www.law.cornell.edu/supct/08highlts.html#h >.