Law Commons^™

The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi

William & Mary Law Review

Describing the Justices of the Supreme Court as “liberals” and conservatives” has become so standard— and the left-right division on the Court is considered so entrenched— that any deviation from that pattern is treated with surprise. Attentive Court watchers know that the Justices are not just politicians in robes, deciding each case on a purely ideological basis. Yet the increasingly influential empirical legal studies literature assumes just that— that a left-right ideological dimension fully describes the Supreme Court. We show that there is a second, more legally-focused dimension of judicial decision making. A continuum between legalism and pragmatism also divides …

Friendly Precedent, Anthony Niblett, Albert H. Yoon

William & Mary Law Review

This Article explores which legal precedents judges choose to support their decisions.When describing the legal landscape in a written opinion, which precedent do judges gravitate toward? We examine the idea that judges are more likely to cite “friendly” precedent. A friendly precedent, here, is one that was delivered by Supreme Court Justices who have similar political preferences to the lower court judges delivering the opinion. In this Article, we test whether a federal Court of Appeals panel is more likely to engage with binding Supreme Court precedent when the political flavor of that precedent is aligned with the political composition …

Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin

Popular Media

No abstract provided.

The Narrowing Of Federal Power By The American Political Capital, David Fontana

William & Mary Bill of Rights Journal

This Essay--—prepared for a symposium hosted by the William & Mary Bill of Rights Journal on the future of the District of Columbia--—argues that American federal power can be better understood by considering the features of the metropolitan area that houses the most important parts of the American federal government. In other American metropolitan areas and in most capital metropolitan areas elsewhere in the world, local life features multiple and diverse industries. Washington is the metropolitan area that houses the most important parts of the American federal government, and Washington is dominated by the government and related industries. Washington is, …

Menendez And America's Public Corruption Problem, Jeffrey Bellin

Popular Media

No abstract provided.

Criminalizing Politics, Jeffrey Bellin

Popular Media

No abstract provided.

The Partisanship Spectrum, Justin Levitt

William & Mary Law Review

In a polarized political environment, allegations of excessive partisanship by public actors are ubiquitous. Commentators, courts, and activists levy these allegations daily. But with remarkable consistency, they do so as if “partisanship” described a single phenomenon. This Article recognizes that the default mode of understanding partisanship is a descriptive and diagnostic failure with meaningful consequences. We mean different things when we discuss partisanship, but we do not have the vocabulary to understand that we are talking past each other.

Without a robust conceptualization of partisanship, it is difficult to treat pathologies of partisan governance. Indeed, an undifferentiated approach to partisanship …

Jury Ignorance And Political Ignorance, Ilya Somin

William & Mary Law Review

No abstract provided.

Petitions, Privacy, And Political Obscurity, Rebecca Green

Faculty Publications

People who sign petitions must accept disclosure of their political views. This conclusion rests on the seemingly uncontroversial (if circular) premise that petition signing is a public activity. Courts have thus far shown little sympathy for individuals who take a public stand on an issue by signing a petition and then assert privacy claims after the fact. Democracy, after all, takes courage, as Justice Scalia wrote in the petitioning disclosure case Doe v. Reed. But signing a petition today brings consequences beyond public criticism. The real threat of disclosure for modern petition signers is not tangible harassment, but the loss …

Split Definitive, Lawrence Baum, Neal Devins

Popular Media

For the first time in a century, the Supreme Court is divided solely by political party.

Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov

William & Mary Law Review

How would Congress act in a world without judicial review? Can
lawmakers be trusted to police themselves? This Article examines
Congress’s capacity and incentives to enforce upon itself “the law of
congressional lawmaking”—a largely overlooked body of law that is
completely insulated from judicial enforcement. The Article explores
the political safeguards that may motivate lawmakers to engage in
self-policing and rule-following behavior. It identifies the major
political safeguards that can be garnered from the relevant legal,
political science, political economy, and social psychology scholarship,
and evaluates each safeguard by drawing on a combination of
theoretical, empirical, and descriptive studies about …

The First Amendment's Biggest Threat, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Un-Neighborly Conduct: Why Can't Virginia Beach And North Carolina Be Friends?, Paul Schmidt

William & Mary Environmental Law and Policy Review

No abstract provided.

Loyal Lieutenant, Able Advocate: The Role Of Robert H. Jackson In Franklin D Roosevelt's Battle With The Supreme Court, Stephen R. Alton

William & Mary Bill of Rights Journal

Before his appointment to the Supreme Court, Justice Robert H. Jackson played a highly visible role in Franklin D. Roosevelt's failed "court packing plan. " Roosevelt's legislation would have increased the size of the Supreme Court and could have dramatically altered the functioning of our government. Jackson supported the plan from his post as Assistant Attorney General. This Article uses a chronological narrative to examine Jackson's role in Roosevelt's court fight. The Article examines his role in light of the surrounding history and the tension between the backers of the New Deal and the Supreme Court. Jackson's testimony before the …

Section 3: Town Meeting: The Supreme Court And The Contract With America -- What Role For The Court In Changing Political Times?, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Politics Of "Advice And Consent", William F. Swindler

Popular Media

No abstract provided.

Constiutional Law - Free Speech - Judicial Review Of Qualifications Of Legislators - Bond V. Floyd, 87 S. Ct. 339 (1966), Karen Atkinson

William & Mary Law Review

No abstract provided.

For The U. S. Telegraph, N. Beverley Tucker

Faculty Publications

No abstract provided.

For The United States' Telegraph, N. Beverley Tucker

Faculty Publications

No abstract provided.