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Full-Text Articles in Law

Filling Lower Court Vacancies In Congress' Lame Duck Session, Carl Tobias Jan 2022

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 Jan 2020

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 …


Issue 3: Table Of Contents Mar 2018

Issue 3: Table Of Contents

University of Richmond Law Review

No abstract provided.


Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields Jan 2018

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 May 2017

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 May 2017

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 Jan 2017

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 Jan 2016

A New Proposal To Address Local Voting Discrimination, Cody Gray

University of Richmond Law Review

No abstract provided.


The Executioner's Dilemmas, Eric Berger Mar 2015

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. Mar 2015

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 Mar 2013

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 Jan 2012

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 Mar 2011

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 Jan 2011

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 May 2010

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 May 2009

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 Mar 2009

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 May 2008

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 May 2008

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 Mar 2008

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 Jan 2008

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 Jan 2007

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 Nov 2006

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 Mar 2005

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 Mar 2005

Judicial Selection As . . . Talk Radio, Michael J. Gerhardt

University of Richmond Law Review

No abstract provided.


Standards Of The Supreme Court, John Cornyn Mar 2005

Standards Of The Supreme Court, John Cornyn

University of Richmond Law Review

No abstract provided.


Judicial Independence, William H. Rehnquist Mar 2004

Judicial Independence, William H. Rehnquist

University of Richmond Law Review

No abstract provided.


Enclave Districting, Henry L. Chambers, Jr. Jan 1999

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 Sep 1998

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.