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Articles 1 - 29 of 29
Full-Text Articles in Law
Filling Lower Court Vacancies In Congress' Lame Duck Session, Carl Tobias
Filling Lower Court Vacancies In Congress' Lame Duck Session, Carl Tobias
Law Faculty Publications
In this midterm election year of 2022, the nation’s divided political parties are in a battle royale to win the exceedingly close Senate majority. One important explanation for the fight is that the party which assumes the next Senate majority will necessarily have considerable power to affect the confirmation of federal judges. For example, during Donald Trump’s presidency, Republicans controlled the Senate; therefore, the chief executive and the upper chamber proposed and confirmed fifty-four accomplished,
extremely conservative, young appeals court, and 174 district court, jurists. The Republican White House and Senate majority confirmed judges by rejecting or deemphasizing the rules …
Keep The Federal Courts Great, Carl Tobias
Keep The Federal Courts Great, Carl Tobias
Law Faculty Publications
Ever since Donald Trump began running for President, he has incessantly vowed to “make the federal judiciary great again” by deliberately seating conservative, young, and capable judicial nominees, a project which Republican senators and their leader, Mitch McConnell (R-KY), have decidedly embraced and now vigorously implement. The chief executive and McConnell now constantly remind the American people of their monumental success in nominating and confirming aspirants to the federal courts. The Senate has expeditiously and aggressively confirmed two very conservative, young, and competent Supreme Court Justices and fifty-three analogous circuit jurists, all of whom Trump nominated and vigorously supported throughout …
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
University of Richmond Law Review
No abstract provided.
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson
University of Richmond Law Review
No abstract provided.
Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo
Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo
University of Richmond Law Review
No abstract provided.
For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser
For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser
University of Richmond Law Review
No abstract provided.
A New Proposal To Address Local Voting Discrimination, Cody Gray
A New Proposal To Address Local Voting Discrimination, Cody Gray
University of Richmond Law Review
No abstract provided.
The Executioner's Dilemmas, Eric Berger
The Executioner's Dilemmas, Eric Berger
University of Richmond Law Review
No abstract provided.
A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.
A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.
University of Richmond Law Review
No abstract provided.
The Original Sin Of Campaign Finance Law: Why Buckley V. Valeo Is Wrong, Jessica A. Levinson
The Original Sin Of Campaign Finance Law: Why Buckley V. Valeo Is Wrong, Jessica A. Levinson
University of Richmond Law Review
No abstract provided.
Tax Court Appointments And Reappointments Improving The Process, Danshera Cords
Tax Court Appointments And Reappointments Improving The Process, Danshera Cords
University of Richmond Law Review
This article explores the problems with the appointment and reappointment process of judges to the United States Tax Court, particularly focusing on the recent politicization of the process. Until 1992, the process ensured the appoint-ment of only well-qualified judges to the Tax Court bench. However, beginning with the administrations of Presidents William J. Clinton and George W. Bush, the President infused politics into the nomination process, causing the process to slow and creating vacancies on the court. Such delays threaten the court's effectiveness and disrupt its operations. To solve this problem, the author endorses changing the statute to allow Tax …
Modeling The Congressional End-Run Constraint, Luke M. Milligan
Modeling The Congressional End-Run Constraint, Luke M. Milligan
University of Richmond Law Review
No abstract provided.
Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang
Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang
University of Richmond Law Review
No abstract provided.
Improving Federal Judicial Selection, Carl Tobias
Improving Federal Judicial Selection, Carl Tobias
University of Richmond Law Review
Part I descriptively analyzes the volume. Part II evaluates the many insights Wittes contributes to readers' appreciation of contemporary federal judicial selection. Part III details numerous recommendations.
Unmasking Judicial Extremism, Carl Tobias
Unmasking Judicial Extremism, Carl Tobias
University of Richmond Law Review
No abstract provided.
The Long War, The Federal Courts, And The Necessity/Legality Paradox, Stephen I. Vladeck
The Long War, The Federal Courts, And The Necessity/Legality Paradox, Stephen I. Vladeck
University of Richmond Law Review
No abstract provided.
Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias
Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias
University of Richmond Law Review
No abstract provided.
Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles
Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles
University of Richmond Law Review
No abstract provided.
Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral
Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral
University of Richmond Law Review
No abstract provided.
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
University of Richmond Law Review
No abstract provided.
The Double Standard In Judicial Selection, Edwin Meese Iii
The Double Standard In Judicial Selection, Edwin Meese Iii
University of Richmond Law Review
No abstract provided.
Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer
Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer
University of Richmond Law Review
In this article, I argue the solution to agency conflict and the broader problem of establishing the proper scope of executive authority lies in establishing that Virginia has a "statutory" rather than a "common-law" model of the Attorney General's powers, and that the Office of the Attorney General is therefore circumscribed by statute. Contrary to popular understanding, I will argue that Wilder v. Attorney General of Virginia effectively establishes Virginia as a statutory state and resolves the conflict in favor of the Governor. Because the Supreme Court of Virginia is unlikely to act more strongly in favor of the statutory …
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
University of Richmond Law Review
No abstract provided.
Judicial Selection As . . . Talk Radio, Michael J. Gerhardt
Judicial Selection As . . . Talk Radio, Michael J. Gerhardt
University of Richmond Law Review
No abstract provided.
Standards Of The Supreme Court, John Cornyn
Standards Of The Supreme Court, John Cornyn
University of Richmond Law Review
No abstract provided.
Judicial Independence, William H. Rehnquist
Judicial Independence, William H. Rehnquist
University of Richmond Law Review
No abstract provided.
Enclave Districting, Henry L. Chambers, Jr.
Enclave Districting, Henry L. Chambers, Jr.
Law Faculty Publications
Congressional districting has historically fostered single-member, geographically compact districts consisting of contiguous territory and has resulted in common representation for those who live near each other. Underlying compact districting is the assumption that people living relatively close together share political interests that can be adequately served by common representation. When the United States was a sparsely populated agrarian nation and only the propertied were the enfranchised, providing common representation based on residential proximity was sensible. Over time, however, the connection between residence and political interests has diminished. In the wake of the Supreme Court's suggestion that representation should focus on …
A Grand Notion For Power-Center Lawyers, Porcher L. Taylor Iii
A Grand Notion For Power-Center Lawyers, Porcher L. Taylor Iii
School of Professional and Continuing Studies Faculty Publications
Like leaders of so many administrations before them, Richard Nixon and Bill Clinton, both lawyers, surrounded themselves with an inner circle composed mainly of lawyers-turned-political advisers and policy bureaucrats.
Some would argue that lawyers and politics are a bad brew. But lawyers trust lawyers so much that some will steadfastly defend their political bosses, even if that means being key players in the potential cover-up of a crime. In their skewed minds, accusations of crimes by leaders of the opposing political party are merely biased power politics.