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Full-Text Articles in Law
Court Procedure In Federal Tax Cases, Robert Brown
Court Procedure In Federal Tax Cases, Robert Brown
Dr Robert Brown
No abstract provided.
The Supreme Court's Health Care Decision And The Problem With Relyng On The Taxing Power, David Gamage
The Supreme Court's Health Care Decision And The Problem With Relyng On The Taxing Power, David Gamage
David Gamage
No abstract provided.
Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Ray
Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Ray
Laura K. Ray
The standard form of authorship for a Supreme Court opinion is a single author who then may be joined by any colleagues who are in agreement. There is, however, a significant and overlooked variant of this form, one used in a small cluster of major cases, most of them landmark decisions, over the past seventy years: the jointly authored opinion. In these cases, there may be as many as nine authors signing an opinion (as in Cooper v. Aaron) or as few as two (as in McConnell v. FEC). All the signatories may be credited with the entire opinion (as …
Law, Fact, And Discretion In The Federal Courts: An Empirical Study, Robert Anderson
Law, Fact, And Discretion In The Federal Courts: An Empirical Study, Robert Anderson
Robert Anderson IV
The organization of the federal judiciary rests upon a division of labor between trial courts and appellate courts. Central to this division of labor is the standard of review, which requires that appellate courts review factual and discretionary decisions deferentially. The conventional wisdom is that appellate courts almost never reverse trial court findings of fact and rarely reverse discretionary decisions. The prevailing view, however, is greatly oversimplified. Data from federal cases suggest that standards of review operate in a much more complex and nuanced way than the conventional account would indicate. The empirical evidence suggests that the appellate courts routinely …