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Full-Text Articles in Law
Protean Statutory Interpretation In The Courts Of Appeals, James J. Brudney, Lawrence Baum
Protean Statutory Interpretation In The Courts Of Appeals, James J. Brudney, Lawrence Baum
William & Mary Law Review
This Article is the first in-depth empirical and doctrinal analysis of differences in statutory interpretation between the courts of appeals and the Supreme Court. It is also among the first to anticipate how the Supreme Court’s interpretive approach may shift with the passing of Justice Scalia.
We begin by identifying factors that may contribute to interpretive divergence between the two judicial levels, based on their different institutional structures and operational realities. In doing so, we discuss normative implications that may follow from the prospect of such interpretive divergence. We then examine how three circuit courts have used dictionaries and legislative …
Oasis Or Mirage: The Supreme Court's Thirst For Dictionaries In The Rehnquist And Roberts Eras, James J. Brudney, Lawrence Baum
Oasis Or Mirage: The Supreme Court's Thirst For Dictionaries In The Rehnquist And Roberts Eras, James J. Brudney, Lawrence Baum
William & Mary Law Review
The Supreme Court’s use of dictionaries, virtually non-existent before 1987, has dramatically increased during the Rehnquist and Roberts Court eras to the point where as many as one-third of statutory decisions invoke dictionary definitions. The increase is linked to the rise of textualism and its intense focus on ordinary meaning. This Article explores the Court’s new dictionary culture in depth from empirical and doctrinal perspectives. We find that while textualist justices are heavy dictionary users, purposivist justices invoke dictionary definitions with comparable frequency. Further, dictionary use overall is strikingly ad hoc and subjective. We demonstrate how the Court’s patterns of …
Explaining The Supreme Court's Shrinking Docket, Ryan J. Owens, David A. Simon
Explaining The Supreme Court's Shrinking Docket, Ryan J. Owens, David A. Simon
William & Mary Law Review
In recent years, the United States Supreme Court has decided fewer cases than at any other time in its recent history. Scholars and practitioners alike have criticized the drop in the Court’s plenary docket. Some even believe that the Court has reneged on its duty to clarify and unify the law. A host of studies examine potential reasons for the Court’s change in docket size, but few rely on an empirical analysis of this change and no study examines the correlation between ideological homogeneity and docket size. In a comprehensive study, the authors analyze ideological and contextual factors to determine …
Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring
Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring
William & Mary Law Review
Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges reason their way to particular outcomes. This Article attempts to integrate and address the concerns of both audiences by way of an empirical examination of the Supreme Court’s use of a particular interpretive technique— namely, the use of legislative history to determine the purpose and meaning of a statute. We analyzed …
An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil
An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil
William & Mary Law Review
No abstract provided.
Social Meaning And School Vouchers, Neal Devins
Social Meaning And School Vouchers, Neal Devins
William & Mary Law Review
No abstract provided.
Book Review Of History Of The Supreme Court Of The United States, Volume Ii, Foundations Of Power: John Marshall, 1801-1815, William F. Swindler
Book Review Of History Of The Supreme Court Of The United States, Volume Ii, Foundations Of Power: John Marshall, 1801-1815, William F. Swindler
William & Mary Law Review
No abstract provided.
Book Review Of A Question Of Judgment: The Fortas Case And The Struggle For The Supreme Court, Richard A. Williamson
Book Review Of A Question Of Judgment: The Fortas Case And The Struggle For The Supreme Court, Richard A. Williamson
William & Mary Law Review
No abstract provided.
Book Review Of History Of The Supreme Court Of The United States Volumes I And Vi, William F. Swindler
Book Review Of History Of The Supreme Court Of The United States Volumes I And Vi, William F. Swindler
William & Mary Law Review
No abstract provided.
Book Review Of Court And Constitution In The Twentieth Century, Paul G. Kauper
Book Review Of Court And Constitution In The Twentieth Century, Paul G. Kauper
William & Mary Law Review
No abstract provided.
Book Review Of The Warren Court, William F. Swindler
Book Review Of The Warren Court, William F. Swindler
William & Mary Law Review
No abstract provided.
Book Review Of The People And The Court, Neil W. Schilke
Book Review Of The People And The Court, Neil W. Schilke
William & Mary Law Review
No abstract provided.