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Full-Text Articles in Law

Section 2: Trump And The Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2017

Section 2: Trump And The Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Protean Statutory Interpretation In The Courts Of Appeals, James J. Brudney, Lawrence Baum Feb 2017

Protean Statutory Interpretation In The Courts Of Appeals, James J. Brudney, Lawrence Baum

William & Mary Law Review

This Article is the first in-depth empirical and doctrinal analysis of differences in statutory interpretation between the courts of appeals and the Supreme Court. It is also among the first to anticipate how the Supreme Court’s interpretive approach may shift with the passing of Justice Scalia.

We begin by identifying factors that may contribute to interpretive divergence between the two judicial levels, based on their different institutional structures and operational realities. In doing so, we discuss normative implications that may follow from the prospect of such interpretive divergence. We then examine how three circuit courts have used dictionaries and legislative …


Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins Jan 2017

Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins

Popular Media

No abstract provided.


Separating Amicus Wheat From Chaff, Aaron-Andrew P. Bruhl, Adam Feldman Jan 2017

Separating Amicus Wheat From Chaff, Aaron-Andrew P. Bruhl, Adam Feldman

Faculty Publications

No abstract provided.


Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum Jan 2017

Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum

Faculty Publications

No abstract provided.