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Full-Text Articles in Law

When All Else Fails, Look To The Courts: Using Hybrid Tribunals To Build Judicial Capacity And End Environmental Destruction In Post-Conflict Countries, Reeana Keenen Mar 2019

When All Else Fails, Look To The Courts: Using Hybrid Tribunals To Build Judicial Capacity And End Environmental Destruction In Post-Conflict Countries, Reeana Keenen

William & Mary Environmental Law and Policy Review

A news report from April 2017 that compiled data from South Sudan, Nigeria, Somalia, and Yemen stated that each country is either experiencing famine or on the brink. These countries and their link to famine is not coincidental: each country is either in the midst of current armed conflict or trying to piece itself back together following an armed conflict. For example, in South Sudan, violent clashes between South Sudan’s army and a rebel militia resulted in the “razing and burning [of] entire villages.”

Famine and other environmental harms are common in pre- and post-conflict countries, often worsened by ...


The Federal–State Standing Gap: How To Enforce Federal Law In Federal Court Without Article Iii Standing, Peter N. Salib, David K. Suska May 2018

The Federal–State Standing Gap: How To Enforce Federal Law In Federal Court Without Article Iii Standing, Peter N. Salib, David K. Suska

William & Mary Bill of Rights Journal

You, too, can sue Donald Trump under the Emoluments Clause!

Since Inauguration Day, several lawsuits have been filed against President Trump because of his refusal to divest certain assets. They assert that Trump’s business interests conflict with the Emoluments Clause of Article I. That arcane provision forbids certain federal officials from accepting any perquisite or gain from a foreign monarch or state. The suits contend, for example, that a foreign dignitary’s booking of a room at the Trump International Hotel in Washington, D.C. would constitute an unlawful emolument.

Most commentators quickly threw cold water on the prospect ...


Appellate Deference In The Age Of Facts, Kenji Yoshino Oct 2016

Appellate Deference In The Age Of Facts, Kenji Yoshino

William & Mary Law Review

This Article explores the question of how much appellate deference is due to “legislative” facts, or broad social facts about the world, established by the district courts. While it is axiomatic that “adjudicative” facts—which are the “whodunit” facts specific to a case—receive clear error deference on appeal, the Supreme Court has yet to address the degree of deference due to legislative facts. While the dominant view among appellate courts is that legislative facts should only receive de novo review, the practice of the courts has in actuality been much more fitful and inconsistent. The standard may be unsettled ...


Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, And The Consequences Of Returning The Constitution To Elected Government, Neal Devins May 2016

Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, And The Consequences Of Returning The Constitution To Elected Government, Neal Devins

Faculty Publications

No abstract provided.


Friendly Precedent, Anthony Niblett, Albert H. Yoon Apr 2016

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 ...


Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation, Aaron-Andrew P. Bruhl Dec 2015

Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.


Factual Precedents, Allison Orr Larsen Dec 2013

Factual Precedents, Allison Orr Larsen

Faculty Publications

Lawyers and judges speak to each other in a language of precedents—decisions from cases that have come before. The most persuasive precedent to cite, of course, is an on-point decision of the U.S. Supreme Court. But Supreme Court opinions are changing. They contain more factual claims about the world than ever before, and those claims are now rich with empirical data. This Supreme Court factfinding is also highly accessible; fast digital research leads directly to factual language in old cases that is perfect for arguments in new ones. An unacknowledged consequence of all this is the rise of ...


Catching The Wave: State Supreme Court Outreach Efforts, Rebecca Green Jan 2011

Catching The Wave: State Supreme Court Outreach Efforts, Rebecca Green

Faculty Publications

State supreme courts have begun to grasp the many ways technology can connect the public with courts. This article will review some of the main trends in state supreme courts’ use of the Internet to educate the public about their work.


The Challenge Of Comparative Civil Procedure, Scott Dodson Jan 2008

The Challenge Of Comparative Civil Procedure, Scott Dodson

Faculty Publications

This Essay reviews Civil Litigation in Comparative Context (West 2007), by Oscar G. Chase, Helen Hershkoff, Linda Silberman, Yasuhei Taniguchi, Vincenzo Varano, and Adrian Zuckerman. It also identifies some areas of exceptionalist American civil procedure that recently have been converging towards global norms and argues that those convergences, if they continue, could render comparative studies particularly meaningful.


The D'Oh! Of Popular Constiutitonalism, Neal Devins Jan 2007

The D'Oh! Of Popular Constiutitonalism, Neal Devins

Faculty Publications

No abstract provided.


The Courtroom Technology Wars Are Here!, Fredric I. Lederer Dec 2001

The Courtroom Technology Wars Are Here!, Fredric I. Lederer

Popular Media

No abstract provided.


Book Review Of The Sourcebook Of Federal Courts, U.S. District And Bankruptcy, James S. Heller Jan 1997

Book Review Of The Sourcebook Of Federal Courts, U.S. District And Bankruptcy, James S. Heller

Library Staff Publications

No abstract provided.


Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer Jan 1996

Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer

Faculty Publications

This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies


Alternative Penal Sanctions, Paul Marcus Jan 1994

Alternative Penal Sanctions, Paul Marcus

Faculty Publications

No abstract provided.


Book Review Of The National Directory Of Courts Of Law 1991, James S. Heller Jan 1993

Book Review Of The National Directory Of Courts Of Law 1991, James S. Heller

Library Staff Publications

No abstract provided.


Judicial Matters, Neal Devins Jan 1992

Judicial Matters, Neal Devins

Faculty Publications

No abstract provided.


Book Review Of The Role Of Courts In American Society: The Final Report Of The Council On The Role Of Courts, Doug Rendleman Feb 1986

Book Review Of The Role Of Courts In American Society: The Final Report Of The Council On The Role Of Courts, Doug Rendleman

William & Mary Law Review

No abstract provided.


Introduction To The Symposium "State Courts And Federalism In The 1980'S", John R. Pagan May 1981

Introduction To The Symposium "State Courts And Federalism In The 1980'S", John R. Pagan

William & Mary Law Review

No abstract provided.


The Case For Creating A Special Environmental Court System - A Further Comment, Scott C. Whitney Oct 1973

The Case For Creating A Special Environmental Court System - A Further Comment, Scott C. Whitney

William & Mary Law Review

No abstract provided.


The Case For Creating A Special Environmental Court System, Scott C. Whitney Mar 1973

The Case For Creating A Special Environmental Court System, Scott C. Whitney

William & Mary Law Review

No abstract provided.


State Appellate Courts And The Judicial Process: Written Obscenity, D. Grier Stephenson Jr. Oct 1969

State Appellate Courts And The Judicial Process: Written Obscenity, D. Grier Stephenson Jr.

William & Mary Law Review

No abstract provided.


Secrecy And The Supreme Court: Judicial Indiscretion And Reconstruction Politics, Peter Fish Feb 1967

Secrecy And The Supreme Court: Judicial Indiscretion And Reconstruction Politics, Peter Fish

William & Mary Law Review

No abstract provided.


Accident Claim Settlement - A Proposal To Eliminate Unnecesasry Delay, James P. Mcgeein Oct 1957

Accident Claim Settlement - A Proposal To Eliminate Unnecesasry Delay, James P. Mcgeein

William & Mary Law Review

No abstract provided.