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Full-Text Articles in Law
Congressional Silence And The Statutory Interpretation Game, Paul Stancil
Congressional Silence And The Statutory Interpretation Game, Paul Stancil
William & Mary Law Review
This Article explores the circumstances under which the federal legislative apparatus may be unable to respond to a politically objectionable statutory interpretation from the Supreme Court. The Article builds upon existing economic models of statutory interpretation, incorporating transaction costs into the analysis for the first time. The Article concludes by identifying recent real-world disputes in which transaction costs likely constrained Congress and the President from overriding the Court.
Can Erie Survive As Federal Common Law?, Craig Green
Can Erie Survive As Federal Common Law?, Craig Green
William & Mary Law Review
No abstract provided.
General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark
General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark
William & Mary Law Review
No abstract provided.
A General Theory Of Governance: Due Process And Lawmaking Power, Louise Weinberg
A General Theory Of Governance: Due Process And Lawmaking Power, Louise Weinberg
William & Mary Law Review
This Article proposes a general theory describing the nature and sources of law in American courts. Erie Railroad Co. v. Tompkins is rejected for this purpose. Better, more general theory is available, flowing from the Due Process Clauses. At its narrowest, the proposed theory is consonant with Erie but generalizes it, embracing federal as well as state law and statutory as well as decisional law in both state and federal courts. More broadly, beyond this unification of systemic thinking, the interest-analytic methodology characteristic of due process extends to a range of substantive constitutional problems. These include problems concerning both the …