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Articles 1 - 4 of 4
Full-Text Articles in Law
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Articles
No abstract provided.
In Memoriam: Lewis F. Powell, Jr., Christina B. Whitman
In Memoriam: Lewis F. Powell, Jr., Christina B. Whitman
Articles
At the time of his resignation, Justice Lewis F. Powell, Jr. was justly praised as a moderate, flexible jurist - open-minded, suspicious of ideology, most often found at the center of a divided Supreme Court. Yet Justice Powell was a man of deeply conservative instincts. Suspicious of invitations to expand the scope of individual constitutional rights, he was a participant and even a leader in the Court's reassertion of a federalism that emphasized deference to states and in its reinvigoration of restrictions on access to federal courts. His jurisprudence was all of a piece. Justice Powell's reluctance to expand federal …
Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton
Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton
Articles
Tracy and John had been married for seven years. They were so in love when they met at college. He brought her flowers and wanted to spend all of his free time with her. Everything was perfect. But it seemed to become increasingly tumultuous as soon as they got married, two years later. He didn't just want to spend all of his time with her; he had to know what she was doing every waking moment of the day. He had to approve of her activities and her friends. He called her at work every day. If she wasn't at …
Finding The Constitution: An Economic Analysis Of Tradition's Role In Constitutional Interpretation, Adam C. Pritchard, Todd J. Zywicki
Finding The Constitution: An Economic Analysis Of Tradition's Role In Constitutional Interpretation, Adam C. Pritchard, Todd J. Zywicki
Articles
In this Article, Professor Pritchard and Professor Zywicki examine the role of tradition in constitutional interpretation, a topic that has received significant attention in recent years. After outlining the current debate over the use of tradition, the authors discuss the efficiency purposes of constitutionalism--precommitment and the reduction of agency costs--and demonstrate how the use of tradition in constitutional interpretation can serve these purposes. Rejecting both Justice Scalia's majoritarian model, which focuses on legislative sources of tradition, and Justice Souter's common-law model, which focuses on Supreme Court precedent as a source of tradition, the authors propose an alternative model--the "finding model"-- …