Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Richmond (53)
- Selected Works (13)
- University of Arkansas, Fayetteville (5)
- Cleveland State University (2)
- Emory University School of Law (2)
-
- Georgetown University Law Center (2)
- Maurer School of Law: Indiana University (2)
- Notre Dame Law School (2)
- Penn State Dickinson Law (2)
- Seattle University School of Law (2)
- Southern Methodist University (2)
- University of Michigan Law School (2)
- Cedarville University (1)
- Duke Law (1)
- Georgia State University College of Law (1)
- Marquette University Law School (1)
- Mercer University School of Law (1)
- Pepperdine University (1)
- SJ Quinney College of Law, University of Utah (1)
- St. Mary's University (1)
- Texas A&M University School of Law (1)
- UIC School of Law (1)
- University of Nevada, Las Vegas (1)
- University of Pennsylvania Carey Law School (1)
- Washington University in St. Louis (1)
- Washington and Lee University School of Law (1)
- William & Mary Law School (1)
- Keyword
-
- United States Supreme Court (9)
- Supreme Court (8)
- Supreme Court Justices (5)
- U.S. Supreme Court case (5)
- Fourteenth Amendment (4)
-
- Jurisprudence (4)
- Due Process (3)
- Statutory interpretation (3)
- Taney Court (3)
- Textualism (3)
- Book review (2)
- Constitutional Law (2)
- Constitutionality (2)
- Courts (2)
- Fifth Amendment (2)
- Implied federal powers (2)
- Implied powers (2)
- Judge (2)
- Judges (2)
- Judicial Review (2)
- Justice Kennedy (2)
- Precedents (2)
- Purposivism (2)
- Separation of powers (2)
- Statutory Interpretation (2)
- Abortion (1)
- Administrative law (1)
- Adult Criminal Court (1)
- Advice and consent (1)
- Advocacy (1)
- Publication
-
- University of Richmond Law Review (50)
- Neal E. Devins (7)
- Arkansas Law Review (5)
- Law Student Publications (3)
- Articles (2)
-
- Dickinson Law Review (2017-Present) (2)
- Faculty Articles (2)
- Faculty Scholarship (2)
- Indiana Law Journal (2)
- Jeffrey Bellin (2)
- Law Faculty Articles and Essays (2)
- Seattle University Law Review (2)
- Aaron-Andrew P. Bruhl (1)
- All Faculty Scholarship (1)
- Calvert Undergraduate Research Awards (1)
- Channels: Where Disciplines Meet (1)
- Faculty Publications (1)
- Faculty Publications By Year (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Articles (1)
- Marquette Law Review (1)
- Meg Penrose (1)
- Michigan Law Review (1)
- Notre Dame Law Review (1)
- Pepperdine Law Review (1)
- Russell A. Miller (1)
- SCI Papers & Reports (1)
- SMU Law Review (1)
- SMU Law Review Forum (1)
- Scholarship@WashULaw (1)
- Publication Type
Articles 1 - 30 of 104
Full-Text Articles in Judges
Virtual Briefing At The Supreme Court, Jeffrey L. Fisher, Allison Orr Larsen
Virtual Briefing At The Supreme Court, Jeffrey L. Fisher, Allison Orr Larsen
Faculty Publications
The open secret of Supreme Court advocacy in a digital era is that there is a new way to argue to the Justices. Today's Supreme Court arguments are developed online: they are dissected and explored in blog posts, fleshed out in popular podcasts, and analyzed and re-analyzed by experts who do not represent the parties or have even filed a brief in the case at all. This "virtual briefing" (as we call it) is intended to influence the Justices and their law clerks but exists completely outside of traditional briefing rules. This article describes virtual briefing and makes a case …
'It Wasn't Supposed To Be Easy': What The Founders Originally Intended For The Senate's 'Advice And Consent' Role For Supreme Court Confirmation Processes, Michael W. Wilt
Channels: Where Disciplines Meet
The Founders exerted significant energy and passion in formulating the Appointments Clause, which greatly impacts the role of the Senate and the President in appointing Supreme Court Justices. The Founders, through their understanding of human nature, devised the power to be both a check by the U.S. Senate on the President's nomination, and a concurrent power through joint appointment authority. The Founders initially adopted the Senate election mode via state legislatures as a means of insulation from majoritarian passions of the people too. This paper seeks to understand the Founders envisioning for the Senate's 'Advice and Consent' role as it …
Employment Law, Bret G. Daniel, Erin B. Edwards
Employment Law, Bret G. Daniel, Erin B. Edwards
University of Richmond Law Review
Virginia has historically been regarded as an employer-friendly jurisdiction. However, in recent years, the Fourth Circuit Court of Appeals has issued an increasing number of opinions that tend to favor employees. With a state legislature largely reluctant to interfere in the employer-employee relationship, developments in employment law generally occur via Fourth Circuit jurisprudence. Given the predominance of federal employment law in Virginia, the following discussion regarding developments in this practice area focuses less on state statutes and courts, and more on decisions handed down from the federal bench. This Article provides an update on recent developments in employment law in …
"In The Little World": Breaking Virginia's Foster-Care-To-Prison Pipeline Using Restorative Justice, Joanna R. Steele
"In The Little World": Breaking Virginia's Foster-Care-To-Prison Pipeline Using Restorative Justice, Joanna R. Steele
University of Richmond Law Review
This Comment proposes that integrating restorative justice conferencing into Virginia’s foster care system can help break its foster-care-to-prison pipeline. Part I details Virginia’s foster care system and the foster-care-to-prison pipeline. Part II reviews and explains how restorative conferencing in Glenmona, Northern Ireland’s equivalent foster care system correlates strongly with decreased incarceration of foster children. Part III outlines how Virginia can implement the same restorative conferencing in its foster care system and pioneer a program that could affect its foster-care-to-prison pipeline.
The Downfall Of "Incumbent Protection": Case Study And Implications, Jeffrey R. Adams, Lucas I. Pangle
The Downfall Of "Incumbent Protection": Case Study And Implications, Jeffrey R. Adams, Lucas I. Pangle
University of Richmond Law Review
On January 9, 2019, the United States Court of Appeals for the Fourth Circuit struck down Virginia Code section 24.2-509— Virginia’s long-standing “Incumbent Protection Act” (or the “Act”). The Incumbent Protection Act was the only statute of its kind, and had endured criticism by grassroots commentators. Yet, the Incumbent Protection Act had long evaded scrutiny in the courtroom. Indeed, the Incumbent Protection Act’s courtroom history is labyrinthine, replete with interesting and significant commentaries on party rights, standing, and public policy preference for primaries. In fact, before its eventual demise, it had been implicated in several lawsuits bringing constitutional challenges to …
Taxation, Craig D. Bell, Michael H. Brady
Taxation, Craig D. Bell, Michael H. Brady
University of Richmond Law Review
This Article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its Parts cover legislative activity, judicial decisions, and selected opinions and other pronouncements from the Virginia Department of Taxation (the “Tax Department”) and the Attorney General of Virginia over the past year. Part I of this Article addresses state taxes. Part II covers local taxes, including real and tangible personal property taxes, license taxes, recordation taxes, and administrative local tax procedures. The overall purpose of this Article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia …
An Analysis Of Intentional Infliction Of Emotional Distress Claims In The Virginia Workplace, Stephen Allred
An Analysis Of Intentional Infliction Of Emotional Distress Claims In The Virginia Workplace, Stephen Allred
University of Richmond Law Review
This Article first traces the development of the tort of intentional infliction of emotional distress as applied to the workplace in the Commonwealth of Virginia in Part I, and offers some observations about the significant hurdles a plaintiff may face in trying to successfully hold an employer accountable for conduct that many in our society would deem unacceptable. After reviewing the evolution of the doctrine since it was first recognized in Virginia nearly fifty years ago in Part II, Part III returns to the incident described above involving Linda Bodewig and her employer, and offers an analysis of how her …
Preface, Matthew L. Pangle
Preface, Matthew L. Pangle
University of Richmond Law Review
The University of Richmond Law Review is proud to present the thirty-fourth issue of the Annual Survey of Virginia Law. Since 1985, the Annual Survey has striven to provide a comprehensive resource detailing recent legislative, judicial, and administrative changes in Virginia. Today, the Annual Survey is the most widely read publication of the University of Richmond Law Review, reaching lawyers, judges, legislators, and students in every corner of the Commonwealth. In continuing the Annual Survey tradition, we have selected pieces we believe are timely, compelling, and useful to staying informed of relevant legal and social issues.
In Memoriam: Michael Morchower, John W. Luxton
In Memoriam: Michael Morchower, John W. Luxton
University of Richmond Law Review
October of 1974 brought an offer of employment to work for Michael Morchower as his first legal associate. We met in my last semester of law school when I did an internship with Robert W. Duling of the Richmond Commonwealth’s Attorney Office. Contested cases I observed between the two were spirited. When the case was over, however, the two future legends of the Richmond legal community would congratulate one another in a sincere and thoughtful manner.
Civil Practice And Procedure, Christopher S. Dadak
Civil Practice And Procedure, Christopher S. Dadak
University of Richmond Law Review
This Article’s focus and analysis encompasses the past year of Supreme Court of Virginia opinions, legislation, and revisions to the Rules of the Supreme Court of Virginia affecting Virginia civil procedure.1 This Article is not meant to be all-encompassing, but does endeavor to capture the highlights of changes or analysis regarding Virginia civil procedure. The opinions discussed throughout this Article do not all reflect changes in Virginia jurisprudence on civil procedure, but also address clarifications or reminders from the court on certain issues it has deemed worthy of addressing (and that practitioners continue to raise). The Article first addresses opinions …
Criminal Law And Procedure, Rachel L. Yates, John I. Jones Iv, Brittany Dunn-Pirio
Criminal Law And Procedure, Rachel L. Yates, John I. Jones Iv, Brittany Dunn-Pirio
University of Richmond Law Review
This Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant appellate decisions and legislation.
Corporate And Business Law, Laurence V. Parker Jr.
Corporate And Business Law, Laurence V. Parker Jr.
University of Richmond Law Review
This year there were a number of significant legislative changes to the Virginia Stock Corporation Act (“VSCA”) and the Virginia Limited Liability Company Act. Part I discusses certain statutory changes related to Virginia Corporations. Part II summarizes the changes to VSCA, including changes related to ratification of defective corporate acts, appraisal rights in asset sale transactions, multiple changes related to interspecies transactions, improving and making the effect of merger, domestication, and conversion language more uniform, refining the process for abandoning fundamental transactions, regulating the second step merger following a tender offer, modifying the corporate opportunity doctrine, allowing for a court …
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
The 2019 Virginia General Assembly did not enact any major new legislation, but it did pass several significant amendments. Among the most useful was an amendment to the Virginia Uniform Transfers to Minors Act which extended the maximum age for custodianships from twenty-one to twenty-five. The legislature also decided to cease imposing income taxes on estates and trusts whose sole connection to the Commonwealth is that they are being administered here. It responded to two recent court cases involving the required execution formalities for leases and the right to award attorneys’ fees in actions involving an agent’s breach of fiduciary …
From Animal Control To Zoning: 2019 Local Government Law Update, Tyler C. Southall
From Animal Control To Zoning: 2019 Local Government Law Update, Tyler C. Southall
University of Richmond Law Review
The goal of this Article is to review significant recent developments in Virginia local government law. First, this Article discusses a number of Supreme Court of Virginia and Fourth Circuit Court of Appeals cases published between July 1, 2018 and July 1, 2019. These cases involve questions of the First Amendment and social media, the First Amendment and employment law, attorney client privilege and Freedom of Information Act requests, vested rights issues in zoning ordinances, the powers of the Virginia State Corporation Commission, and public finance. Second, this Article addresses new laws from the 2019 General Assembly. It is impossible …
Statutory Realism: The Jurisprudential Ambivalence Of Interpretive Theory, Abigail R. Moncrieff
Statutory Realism: The Jurisprudential Ambivalence Of Interpretive Theory, Abigail R. Moncrieff
Law Faculty Articles and Essays
In the renaissance of statutory interpretation theory, a division has emerged between "new purposivists," who argue that statutes should be interpreted dynamically, and "new textualists," who argue that statutes should be interpreted according to their ordinary semantic meanings. Both camps, however, rest their theories on jurisprudentially ambivalent commitments. Purposivists are jurisprudential realists when they make arguments about statutory meaning, but they are jurisprudential formalists in their views of the judicial power to engage in dynamic interpretation. Textualists are the inverse; they are formalistic in their understandings of statutory meaning but realistic in their arguments about judicial power. The relative triumph …
Supreme Silence And Precedential Pragmatism: King V. Burwell And Statutory Interpretation In The Federal Courts Of Appeals, Michael J. Cedrone
Supreme Silence And Precedential Pragmatism: King V. Burwell And Statutory Interpretation In The Federal Courts Of Appeals, Michael J. Cedrone
Georgetown Law Faculty Publications and Other Works
This Article studies statutory interpretation as it is practiced in the federal courts of appeal. Much of the academic commentary in this field focuses on the Supreme Court, which skews the debate and unduly polarizes the field. This Article investigates more broadly by looking at the seventy-two federal appellate cases that cite King v. Burwell in the two years after the Court issued its decision. In deciding that the words “established by the State” encompass a federal program, the Court in King reached a pragmatic and practical result based on statutory scheme and purpose at a fairly high level of …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Majoritarian Rehnquist Court?, Neal Devins
The D'Oh! Of Popular Constiutitonalism, Neal Devins
The D'Oh! Of Popular Constiutitonalism, Neal Devins
Neal E. Devins
No abstract provided.
Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins
Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins
Neal E. Devins
No abstract provided.
Ideological Cohesion And Precedent (Or Why The Court Only Cares About Precedent When Most Justices Agree With Each Other), Neal Devins
Neal E. Devins
This Article examines the profound role that ideological cohesion plays in explaining the Supreme Court's willingness to advance a coherent vision of the law - either by overruling precedents inconsistent with that vision or by establishing rule-like precedents intended to bind the Supreme Court and lower courts in subsequent cases. Through case studies of the New Deal, Warren, and Rehnquist Courts, this Article calls attention to key differences between Courts in which five or more Justices pursue the same substantive objectives and Courts which lack a dominant voting block. In particular, when five or more Justices pursue the same substantive …
Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins
Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins
Neal E. Devins
No abstract provided.
Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin
Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin
Jeffrey Bellin
No abstract provided.
How Merrick Garland Could Help Heal America, Jeffrey Bellin
How Merrick Garland Could Help Heal America, Jeffrey Bellin
Jeffrey Bellin
No abstract provided.
Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins
Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins
Neal E. Devins
Supreme Court Justices care more about the views of academics, journalists, and other elites than they do about public opinion. This is true of nearly all Justices and is especially true of swing Justices, who often cast the critical votes in the Court’s most visible decisions. In this Article, we will explain why we think this is so and, in so doing, challenge both the dominant political science models of judicial behavior and the significant work of Barry Friedman, Jeffrey Rosen, and others who link Supreme Court decision making to public opinion.
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Neal E. Devins
No abstract provided.
Following Lower-Court Precedent, Aaron-Andrew P. Bruhl
Following Lower-Court Precedent, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
This Article examines the role of lower-court precedent in the US Supreme Court’s decisions. The Supreme Court is rarely the first court to consider a legal question, and therefore the Court has the opportunity to be informed by and perhaps even persuaded by the views of the various lower courts that have previously addressed the issue. This Article considers whether the Court should give weight to lower-court precedent as a matter of normative theory and whether the Court in fact does so as a matter of practice. To answer the normative question, this Article analyzes a variety of potential reasons …
Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney
Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney
Susan S. Fortney
No abstract provided.
Overwriting And Under-Deciding: Addressing The Roberts Court's Shrinking Docket, Meg Penrose
Overwriting And Under-Deciding: Addressing The Roberts Court's Shrinking Docket, Meg Penrose
Meg Penrose
No abstract provided.