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Full-Text Articles in Law
Virtual Briefing At The Supreme Court, Jeffrey L. Fisher, Allison Orr Larsen
Virtual Briefing At The Supreme Court, Jeffrey L. Fisher, Allison Orr Larsen
Faculty Publications
The open secret of Supreme Court advocacy in a digital era is that there is a new way to argue to the Justices. Today's Supreme Court arguments are developed online: they are dissected and explored in blog posts, fleshed out in popular podcasts, and analyzed and re-analyzed by experts who do not represent the parties or have even filed a brief in the case at all. This "virtual briefing" (as we call it) is intended to influence the Justices and their law clerks but exists completely outside of traditional briefing rules. This article describes virtual briefing and makes a case …
Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins
Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins
Neal E. Devins
No abstract provided.
Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin
Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin
Jeffrey Bellin
No abstract provided.
How Merrick Garland Could Help Heal America, Jeffrey Bellin
How Merrick Garland Could Help Heal America, Jeffrey Bellin
Jeffrey Bellin
No abstract provided.
Do Justices Time Their Retirements Politically? An Empirical Analysis Of The Timing And Outcomes Of Supreme Court Retirements In The Modern Era, Christine Kexel Chabot
Do Justices Time Their Retirements Politically? An Empirical Analysis Of The Timing And Outcomes Of Supreme Court Retirements In The Modern Era, Christine Kexel Chabot
Utah Law Review
As the rampant speculation preceding Justice Kennedy’s retirement made clear, it is difficult to predict when Justices will retire. Justices often defy the conventional wisdom that a Justice is more likely to retire when the president and Senate share the Justice’s ideology. For example, Justice Ginsburg chose to remain on the Court rather than retire during President Obama’s terms. Her choice is not unusual. Since 1954, a majority of similarly situated Justices refused to retire. In light of this behavior, it is no surprise that existing studies struggle to explain Justices’ retirement decisions and disagree on whether political factors predict …