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Dizzying Gillespie: The Exaggerated Death Of The Balancing Approach And The Inescapable Allure Of Flexibility In Appellate Jurisdiction, Bryan Lammon Jan 2017

Dizzying Gillespie: The Exaggerated Death Of The Balancing Approach And The Inescapable Allure Of Flexibility In Appellate Jurisdiction, Bryan Lammon

University of Richmond Law Review

In Part I, I provide necessary background on the current re- gime of federal appellate jurisdiction before turning to the rise and fall of Gillespie and the balancing approach. Part I concludes by explaining how inconsistent Gillespie and the balancing approach are with the Supreme Court's current approach to appellate jurisdiction. Part II turns to five areas in which the balancing approach persists in the courts of appeals and demonstrates the influence of the balancing approach, and the often case-by-case nature of decision-making, in each of these areas. And in Part III, I explore the implications of the balancing approach's …


In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker Nov 2016

In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker

University of Richmond Law Review

No abstract provided.


The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman May 2012

The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman

University of Richmond Law Review

No abstract provided.


Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias May 2008

Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias

University of Richmond Law Review

No abstract provided.


The Double Standard In Judicial Selection, Edwin Meese Iii Jan 2007

The Double Standard In Judicial Selection, Edwin Meese Iii

University of Richmond Law Review

No abstract provided.


First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell Nov 2006

First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell

University of Richmond Law Review

No abstract provided.


Federal Judicial Selection: The First Decade, Maeva Marcus Mar 2005

Federal Judicial Selection: The First Decade, Maeva Marcus

University of Richmond Law Review

No abstract provided.


Bork Was The Beginning: Constitutional Moralism And The Politics Of Federal Judicial Selection, Gary L. Mcdowell Mar 2005

Bork Was The Beginning: Constitutional Moralism And The Politics Of Federal Judicial Selection, Gary L. Mcdowell

University of Richmond Law Review

No abstract provided.


The Judicial Nominations Wars, William P. Marshall Mar 2005

The Judicial Nominations Wars, William P. Marshall

University of Richmond Law Review

No abstract provided.