Constitutional Law Commons^™

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 …

The Amicus Machine, Allison Orr Larsen, Neal Devins

Faculty Publications

The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …

How To Make Sense Of Supreme Court Standing Cases— – A Plea For The Right Kind Of Realism, Richard H. Fallon Jr.

William & Mary Bill of Rights Journal

No abstract provided.

Does The Supreme Court Ignore Standing Problems To Reach The Merits? Evidence (Or Lack Thereof) From The Roberts Court, Heather Elliott

William & Mary Bill of Rights Journal

No abstract provided.

Standing And The Role Of Federal Courts: Triple Error Decisions In Clapper V. Amnesty International Usa And City Of Los Angeles V. Lyons, Vicki C. Jackson

William & Mary Bill of Rights Journal

No abstract provided.

Governmental Sovereignty Actions, Ann Woolhandler

William & Mary Bill of Rights Journal

No abstract provided.

Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen

Popular Media

No abstract provided.

Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova

William & Mary Bill of Rights Journal

No abstract provided.

Social Meaning And School Vouchers, Neal Devins

William & Mary Law Review

No abstract provided.

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

Faculty Publications

No abstract provided.

The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins

Popular Media

No abstract provided.

Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins

Faculty Publications

With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …

Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein

Faculty Publications

No abstract provided.

Book Review Of The Second American Revolution, Neal Devins

Faculty Publications

No abstract provided.

Book Review Of Court And Constitution In The Twentieth Century, Paul G. Kauper

William & Mary Law Review

No abstract provided.