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Articles 1 - 29 of 29

Full-Text Articles in Law

"Sociological Legitimacy" In Supreme Court Opinions, Michael L. Wells Jun 2007

"Sociological Legitimacy" In Supreme Court Opinions, Michael L. Wells

Washington and Lee Law Review

Analysis of a Supreme Court opinion ordinarily begins from the premise that the opinion is a transparent window into the Court's thinking, such that the reasons offered by the Court are, or ought to be, the reasons that account for the holding. Scholars debate the strength of the Court's reasoning, question or defend the Court's candor, and propose alternative ways of justifying the ruling. This Article takes issue with the transparency premise, on both descriptive and normative grounds. Especially in controversial cases, the Court is at least as much concerned with presenting its holding in a way that will win …


The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro Jan 2006

The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro

Washington and Lee Law Review

No abstract provided.


How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright Sep 2002

How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright

Washington and Lee Law Review

No abstract provided.


Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen Sep 2002

Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen

Washington and Lee Law Review

No abstract provided.


The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown Sep 2002

The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown

Washington and Lee Law Review

No abstract provided.


A Remembrance Of Things Past?: Reflections On The Warren Court And The Struggle For Civil Rights, Ronald J. Krotoszynski, Jr. Sep 2002

A Remembrance Of Things Past?: Reflections On The Warren Court And The Struggle For Civil Rights, Ronald J. Krotoszynski, Jr.

Washington and Lee Law Review

No abstract provided.


Intersection And Divergence: Some Reflections On The Warren Court, Civil Rights, And The First Amendment, Lillian R. Bevier Sep 2002

Intersection And Divergence: Some Reflections On The Warren Court, Civil Rights, And The First Amendment, Lillian R. Bevier

Washington and Lee Law Review

No abstract provided.


The Law And Culture-Shift: Race And The Warren Court Legacy, John O. Calmore Sep 2002

The Law And Culture-Shift: Race And The Warren Court Legacy, John O. Calmore

Washington and Lee Law Review

No abstract provided.


A Subversive Strand Of The Warren Court, Gary Peller Sep 2002

A Subversive Strand Of The Warren Court, Gary Peller

Washington and Lee Law Review

No abstract provided.


Causation, Constitutional Principles, And The Jurisprudential Legacy Of The Warren Court, Michelle Adams Sep 2002

Causation, Constitutional Principles, And The Jurisprudential Legacy Of The Warren Court, Michelle Adams

Washington and Lee Law Review

No abstract provided.


Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise Sep 2002

Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise

Washington and Lee Law Review

No abstract provided.


Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman Sep 2002

Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman

Washington and Lee Law Review

No abstract provided.


Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura Krugman Ray Jan 2002

Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura Krugman Ray

Washington and Lee Law Review

No abstract provided.


The Supreme Court's Plenary Docket, Margaret Meriwether Cordray, Richard Cordray Jun 2001

The Supreme Court's Plenary Docket, Margaret Meriwether Cordray, Richard Cordray

Washington and Lee Law Review

No abstract provided.


A Paradigm From Securities Law Of Uninformed Supreme Court Decisionmaking, Larry D. Soderquist Mar 2000

A Paradigm From Securities Law Of Uninformed Supreme Court Decisionmaking, Larry D. Soderquist

Washington and Lee Law Review

No abstract provided.


The Supreme Court As An Enforcement Agency, Harold J. Krent Sep 1998

The Supreme Court As An Enforcement Agency, Harold J. Krent

Washington and Lee Law Review

No abstract provided.


The Fourth Revolution, Robert C. Power Jan 1996

The Fourth Revolution, Robert C. Power

Washington and Lee Law Review

No abstract provided.


The Supreme Court's Literalism And The Definition Of "Security" In The State Courts, Douglas M. Branson, Karl Shumpei Okamoto Jun 1993

The Supreme Court's Literalism And The Definition Of "Security" In The State Courts, Douglas M. Branson, Karl Shumpei Okamoto

Washington and Lee Law Review

No abstract provided.


The Warren Court And The Pursuit Of Justice, Morton J. Horwitz Jan 1993

The Warren Court And The Pursuit Of Justice, Morton J. Horwitz

Washington and Lee Law Review

No abstract provided.


The Court Between Hegemonies, L. A. Powe, Jr. Jan 1992

The Court Between Hegemonies, L. A. Powe, Jr.

Washington and Lee Law Review

No abstract provided.


Stare Decisis And Judicial Restraint, Lewis F. Powell, Jr. Mar 1990

Stare Decisis And Judicial Restraint, Lewis F. Powell, Jr.

Washington and Lee Law Review

No abstract provided.


Justice Powell's Constitutional Opinions, George Clemon Freeman, Jr. Mar 1988

Justice Powell's Constitutional Opinions, George Clemon Freeman, Jr.

Washington and Lee Law Review

No abstract provided.


The Burger Court, Lewis F. Powell, Jr. Jan 1987

The Burger Court, Lewis F. Powell, Jr.

Washington and Lee Law Review

No abstract provided.


On Politics, Democracy, And The First Amendment: A Comment On First National Bank V. Bellotti, Arthur S. Miller Jan 1981

On Politics, Democracy, And The First Amendment: A Comment On First National Bank V. Bellotti, Arthur S. Miller

Washington and Lee Law Review

No abstract provided.


The Appellate Jurisdiction Of The Supreme Court: Reflections On The Law And The Logistics Of Direct Review, Herbert Wechsler Sep 1977

The Appellate Jurisdiction Of The Supreme Court: Reflections On The Law And The Logistics Of Direct Review, Herbert Wechsler

Washington and Lee Law Review

No abstract provided.


Expanding Criminal Procedural Rights Under State Constitutions Sep 1976

Expanding Criminal Procedural Rights Under State Constitutions

Washington and Lee Law Review

No abstract provided.


Equal Justice Under Law, Erwin N. Griswold Sep 1976

Equal Justice Under Law, Erwin N. Griswold

Washington and Lee Law Review

No abstract provided.


The Burger Court And Freedom Of Expression, Tinsley E. Yarbrough Jan 1976

The Burger Court And Freedom Of Expression, Tinsley E. Yarbrough

Washington and Lee Law Review

No abstract provided.


The Supreme Court, Accounting, And The Tax Accrual Of "True" Income, Robert Hanes Gray Mar 1971

The Supreme Court, Accounting, And The Tax Accrual Of "True" Income, Robert Hanes Gray

Washington and Lee Law Review

No abstract provided.