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Articles 1 - 9 of 9

Full-Text Articles in Law

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 ...


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 ...


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.