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Jurisprudence Commons

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Washington and Lee University School of Law

Opinions

Articles 1 - 5 of 5

Full-Text Articles in Jurisprudence

Lewis F. Powell Lecture, Carter G. Phillips Sep 2009

Lewis F. Powell Lecture, Carter G. Phillips

Washington and Lee Law Review

No abstract provided.


"Sociological Legitimacy" In Supreme Court Opinions, Michael L. Wells Jun 2007

"Sociological Legitimacy" In Supreme Court Opinions, Michael L. Wells

Washington and Lee Law Review

Analysis of a Supreme Court opinion ordinarily begins from the premise that the opinion is a transparent window into the Court's thinking, such that the reasons offered by the Court are, or ought to be, the reasons that account for the holding. Scholars debate the strength of the Court's reasoning, question or defend the Court's candor, and propose alternative ways of justifying the ruling. This Article takes issue with the transparency premise, on both descriptive and normative grounds. Especially in controversial cases, the Court is at least as much concerned with presenting its holding in a way that will win …


Fourth Circuit Publication Practices, Carl Tobias Sep 2005

Fourth Circuit Publication Practices, Carl Tobias

Washington and Lee Law Review

No abstract provided.


Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens Sep 2005

Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens

Washington and Lee Law Review

No abstract provided.


Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura Krugman Ray Jan 2002

Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura Krugman Ray

Washington and Lee Law Review

No abstract provided.