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Articles 1 - 30 of 481
Full-Text Articles in Law
Supreme Court Litigators In The Age Of Textualism, Aaron-Andrew P. Bruhl
Supreme Court Litigators In The Age Of Textualism, Aaron-Andrew P. Bruhl
Faculty Publications
The Supreme Court’s approach to statutory interpretation has moved in a textualist direction over the last several decades, but there is little systematic information on how litigators’ briefing practices have changed during this era of textualist ascendancy. This Article examines thirty-five years’ worth of party briefs (over 8,000 briefs total), explores the briefs’ use of interpretive tools (including differences across categories of attorneys), and compares the briefs to the Court’s opinions.
This examination yields several valuable findings. Although the briefs show a textualist shift, they differ from the Court’s opinions in a few ways. The magnitude of the textualist shift …
Laundering Police Lies, Adam Gershowitz, Caroline E. Lewis
Laundering Police Lies, Adam Gershowitz, Caroline E. Lewis
Faculty Publications
Police officers—like ordinary people—are regularly dishonest. Officers lie under oath (testilying), on police reports (reportilying), and in a myriad of other situations. Despite decades of evidence about police lies, the U.S. Supreme Court regularly believes police stories that are utterly implausible. Either because the Court is gullible, willfully blind, or complicit, the justices have simply rubber-stamped police lies in numerous high-profile cases. For instance, the Court has accepted police claims that a suspect had bags of cocaine displayed in his lap at the end of a police chase (Whren v. United States), that officers saw marijuana through a …
Second Amendment Exceptionalism: Public Expression And Public Carry, Timothy Zick
Second Amendment Exceptionalism: Public Expression And Public Carry, Timothy Zick
Faculty Publications
In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court recognized a right to carry firearms in public places. The scope of that right will depend on where, why, and how governments regulated public carry during the eighteenth and perhaps nineteenth centuries. The Court claimed that its turn to history for determining the scope of Second Amendment rights “accords with” and “comports with” how the Court has interpreted First Amendment rights. This Article examines and rejects that claim, both in general and specifically as it applies to the public exercise of Second Amendment rights. Although Bruen …
What Would Happen To All Of The Prior Chevron Cases In A Non-Chevron World?, Aaron-Andrew P. Bruhl
What Would Happen To All Of The Prior Chevron Cases In A Non-Chevron World?, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
2023 Supreme Court Preview Digital Notebook, Institute Of Bill Of Rights Law, William & Mary Law School
2023 Supreme Court Preview Digital Notebook, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin
Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin
Popular Media
No abstract provided.
The Supreme Court Review Act: Fast-Tracking The Interbranch Dialogue And Destabilizing The Filibuster, Aaron-Andrew P. Bruhl
The Supreme Court Review Act: Fast-Tracking The Interbranch Dialogue And Destabilizing The Filibuster, Aaron-Andrew P. Bruhl
Faculty Publications
This Essay presents an analysis of the Supreme Court Review Act, a bill that was recently introduced in Congress. The Act would create a streamlined legislative process for bills responding to new Supreme Court decisions that interpret federal statutes or restrict constitutional rights. By facilitating legislative responses to controversial cases, the Act would promote the “dialogue” that commentators and the courts themselves have used as a model for interbranch relations. The Essay describes how the proposed Supreme Court Review Act would work, discusses some of its benefits, addresses its constitutionality, and raises some questions about its implementation and effects.
Justices Search For A Clear Rule For Confessions In Joint Trials, Jeffrey Bellin
Justices Search For A Clear Rule For Confessions In Joint Trials, Jeffrey Bellin
Popular Media
No abstract provided.
The Evidentiary Challenges Of Confessions In Co-Defendant Trials, Jeffrey Bellin
The Evidentiary Challenges Of Confessions In Co-Defendant Trials, Jeffrey Bellin
Popular Media
No abstract provided.
Faux Advocacy In Amicus Practice, James G. Dwyer
Faux Advocacy In Amicus Practice, James G. Dwyer
Faculty Publications
Amicus brief filing has reached “avalanche” volume. Supreme Court Justices and lower court judges look to these briefs particularly for non-case-specific factual information––“legislative facts”—relevant to a case. This Article calls attention to a recurrent yet unrecognized problem with amicus filings offering up legislative facts in the many cases centrally involving the most vulnerable members of society—namely, non-autonomous persons, including both adults incapacitated by mental illness, intellectual disability, or other condition, and children. Some amici present themselves as advocates for such persons but use the amicus platform to serve other constituencies and causes, making false or misleading factual presentations about the …
A Prophylactic Approach To Compact Constitutionality, Katherine Mims Crocker
A Prophylactic Approach To Compact Constitutionality, Katherine Mims Crocker
Faculty Publications
From COVID-19 to climate change, immigration to health insurance, firearms control to electoral reform: state politicians have sought to address all these hot-button issues by joining forces with other states. The U.S. Constitution, however, forbids states to “enter into any Agreement or Compact” with each other “without the Consent of Congress,” a requirement that proponents of much interstate action, especially around controversial topics, would hope to circumvent.
The Supreme Court lets them do just that. By interpreting “any Agreement or Compact” so narrowly that it is difficult to see what besides otherwise unlawful coordination qualifies, the Court has essentially read …
The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
Faculty Publications
Can police search a smart car’s computer without a warrant? Although the Supreme Court banned warrantless searches of cell phones incident to arrest in Riley v. California, the Court left the door open for warrantless searches under other exceptions to the warrant requirement. This is the first article to argue that the Fourth Amendment’s automobile exception currently permits the police to warrantlessly dig into a vehicle’s computer system and extract vast amounts of cell phone data. Just as the police can rip open seats or slash tires to search for drugs under the automobile exception, the police can warrantlessly …
Abortion Litigation And Second Amendment Litigation After Dobbs And Bruen, Institute Of Bill Of Rights Law, William & Mary Law School
Abortion Litigation And Second Amendment Litigation After Dobbs And Bruen, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Court And Religion, Institute Of Bill Of Rights Law, William & Mary Law School
The Court And Religion, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Judging Hard Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Judging Hard Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Roberts Court And Race, Institute Of Bill Of Rights Law, William & Mary Law School
The Roberts Court And Race, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Court And Limits On The Administrative State, Institute Of Bill Of Rights Law, William & Mary Law School
The Court And Limits On The Administrative State, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Roberts Court After A Seismic Term, Institute Of Bill Of Rights Law, William & Mary Law School
The Roberts Court After A Seismic Term, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School
Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
2022-2023 Supreme Court Preview: Schedule Of Events, Institute Of Bill Of Rights Law, William & Mary Law School
2022-2023 Supreme Court Preview: Schedule Of Events, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Granted Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Granted Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
2022-2023 Supreme Court Preview: Digital Notebook (Cover Page), Institute Of Bill Of Rights Law, William & Mary Law School
2022-2023 Supreme Court Preview: Digital Notebook (Cover Page), Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
2022-2023 Supreme Court Preview: Panelist Biographies, Institute Of Bill Of Rights Law, William & Mary Law School
2022-2023 Supreme Court Preview: Panelist Biographies, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Next Fight Over Guns In America, Timothy Zick, Diana Palmer
The Next Fight Over Guns In America, Timothy Zick, Diana Palmer
Popular Media
With Thursday’s Supreme Court decision [in New York State Rifle & Pistol Association Inc. v. Bruen], the only real remaining question is not whether Americans can carry firearms, but where.
Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School
Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Election Law Beyond 2020, Institute Of Bill Of Rights Law, William & Mary Law School
Election Law Beyond 2020, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
2021-2022 Supreme Court Preview: Digital Notebook (Cover Page), Institute Of Bill Of Rights Law, William & Mary Law School
2021-2022 Supreme Court Preview: Digital Notebook (Cover Page), Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Business & Statutory Interpretation Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Business & Statutory Interpretation Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Granted Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Granted Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
2021-2022 Supreme Court Preview: Schedule Of Events, Institute Of Bill Of Rights Law, William & Mary Law School
2021-2022 Supreme Court Preview: Schedule Of Events, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.