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Washington and Lee Law Review

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Articles 1 - 30 of 65

Full-Text Articles in Jurisprudence

Half A Century Of Supreme Court Clean Air Act Interpretation: Purposivism, Textualism, Dynamism, And Activism, David M. Driesen, Thomas M. Keck, Brandon T. Metroka Feb 2019

Half A Century Of Supreme Court Clean Air Act Interpretation: Purposivism, Textualism, Dynamism, And Activism, David M. Driesen, Thomas M. Keck, Brandon T. Metroka

Washington and Lee Law Review

This Article addresses the history of the Supreme Court’s interpretation of the Clean Air Act, which now goes back almost half a century. Many scholars have argued that the Court has shifted from an approach to statutory interpretation that relied heavily on purposivism—the custom of giving statutory goals weight in interpreting statutes—toward one that relies more heavily on textualism during this period. At the same time, proponents of dynamic statutory interpretation have argued that courts, in many cases, do not so much excavate a statute’s meaning as adapt a statute to contemporary circumstances.


Marriage Equality Comes To The Fourth Circuit, Carl Tobias Feb 2019

Marriage Equality Comes To The Fourth Circuit, Carl Tobias

Washington and Lee Law Review

Marriage equality has come to America. Throughout 2014, several federal appellate courts and numerous district court judges across the United States invalidated state constitutional or statutory proscriptions on same-sex marriage. Therefore, it was not surprising that Eastern District of Virginia Judge Arenda Wright Allen held that Virginia’s bans were unconstitutional in February. The United States Court of Appeals for the Fourth Circuit affirmed her opinion that July. North Carolina, South Carolina, and West Virginia District Judges rejected these jurisdictions’ prohibitions during autumn, and the Supreme Court approved marriage equality the next year. Because marriage equality in the Fourth Circuit ...


Stare Decisis As Judicial Doctrine, Randy J. Kozel Mar 2010

Stare Decisis As Judicial Doctrine, Randy J. Kozel

Washington and Lee Law Review

Stare decisis has been called many things, among them "~a principle of policy, " "a series ofprudential and pragmatic considerations, " and simply "the preferred course. " Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts. This Article examines stare decisis as applied by the U.S. Supreme Cour~, our nation 's highest doctrinal authority. A review of the Court 'sjurisprudence yields two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely of malleable ...


Trimming The Fat: A Study Of Mandatory Nutritional Disclosure Laws And Excessive Judicial Deference, Charles R. Yates, Iii Mar 2010

Trimming The Fat: A Study Of Mandatory Nutritional Disclosure Laws And Excessive Judicial Deference, Charles R. Yates, Iii

Washington and Lee Law Review

No abstract provided.


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

Lewis F. Powell Lecture, Carter G. Phillips

Washington and Lee Law Review

No abstract provided.


Claims, Civil Actions, Congress & The Court: Limiting The Reasoning Of Cases Construing Poorly Drawn Statutes, Joan Steinman Sep 2008

Claims, Civil Actions, Congress & The Court: Limiting The Reasoning Of Cases Construing Poorly Drawn Statutes, Joan Steinman

Washington and Lee Law Review

No abstract provided.


Judicial Independence, Judicial Responsibility: A District Judge's Perspective, Joan Humphrey Lefkow Mar 2008

Judicial Independence, Judicial Responsibility: A District Judge's Perspective, Joan Humphrey Lefkow

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 ...


The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio Jun 2006

The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio

Washington and Lee Law Review

No abstract provided.


The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro Jan 2006

The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro

Washington and Lee Law Review

No abstract provided.


The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett Sep 2005

The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett

Washington and Lee Law Review

No abstract provided.


Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati Sep 2005

Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati

Washington and Lee Law Review

No abstract provided.


Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein Sep 2005

Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein

Washington and Lee Law Review

No abstract provided.


Fourth Circuit Publication Practices, Carl Tobias Sep 2005

Fourth Circuit Publication Practices, Carl Tobias

Washington and Lee Law Review

No abstract provided.


Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether Sep 2005

Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether

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.


Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz Sep 2005

Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz

Washington and Lee Law Review

No abstract provided.


Much Ado About The Tip Of An Iceberg, William M. Richman Sep 2005

Much Ado About The Tip Of An Iceberg, William M. Richman

Washington and Lee Law Review

No abstract provided.


Publishing Dissent, Arthur J. Jacobson Sep 2005

Publishing Dissent, Arthur J. Jacobson

Washington and Lee Law Review

No abstract provided.


Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill Sep 2005

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill

Washington and Lee Law Review

No abstract provided.


Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy Sep 2005

Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.


Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah Jun 2005

Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah

Washington and Lee Law Review

No abstract provided.


Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton Mar 2004

Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton

Washington and Lee Law Review

No abstract provided.


A Subversive Strand Of The Warren Court, Gary Peller Sep 2002

A Subversive Strand Of The Warren Court, Gary Peller

Washington and Lee Law Review

No abstract provided.


Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen Sep 2002

Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen

Washington and Lee Law Review

No abstract provided.


How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright Sep 2002

How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright

Washington and Lee Law Review

No abstract provided.


The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown Sep 2002

The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown

Washington and Lee Law Review

No abstract provided.


Causation, Constitutional Principles, And The Jurisprudential Legacy Of The Warren Court, Michelle Adams Sep 2002

Causation, Constitutional Principles, And The Jurisprudential Legacy Of The Warren Court, Michelle Adams

Washington and Lee Law Review

No abstract provided.


Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise Sep 2002

Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise

Washington and Lee Law Review

No abstract provided.


Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman Sep 2002

Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman

Washington and Lee Law Review

No abstract provided.