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Articles 1 - 12 of 12

Full-Text Articles in Legal History

Crisis? Whose Crisis?, Jack M. Beermann Mar 2020

Crisis? Whose Crisis?, Jack M. Beermann

William & Mary Law Review

Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …


A Brief History Of Judical Appointments From The Last 50 Years Through The Trump Administration, Donald F. Mcgahn Ii Feb 2020

A Brief History Of Judical Appointments From The Last 50 Years Through The Trump Administration, Donald F. Mcgahn Ii

William & Mary Law Review

Thank you so much for that kind introduction. I really appreciate the opportunity to be here today. I am going to talk about the confirmation process generally. There is no better place to talk about it than here. Let me begin with some numbers and statistics, before I turn to the main thrust of my talk, to give some context as to what recent Presidents have done with respect to judicial appointments. President Trump has appointed two Supreme Court Justices, Neil Gorsuch and Brett of Appeals; twenty-nine so far have been confirmed. The Senate Leader, Senator Mitch McConnell, has already …


Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring Apr 2010

Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring

William & Mary Law Review

Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges reason their way to particular outcomes. This Article attempts to integrate and address the concerns of both audiences by way of an empirical examination of the Supreme Court’s use of a particular interpretive technique— namely, the use of legislative history to determine the purpose and meaning of a statute. We analyzed …


John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins Mar 2002

John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins

William & Mary Law Review

No abstract provided.


John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty Mar 2002

John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty

William & Mary Law Review

No abstract provided.


A Judge For All Seasons, R. Kent Newmyer Mar 2002

A Judge For All Seasons, R. Kent Newmyer

William & Mary Law Review

No abstract provided.


Some Alarming Aspects Of The Legacies Of Judicial Review And Of John Marshall, Stephen B. Presser Mar 2002

Some Alarming Aspects Of The Legacies Of Judicial Review And Of John Marshall, Stephen B. Presser

William & Mary Law Review

No abstract provided.


John Marshall: Remarks Of October 6, 2000, William H. Rehnquist Mar 2002

John Marshall: Remarks Of October 6, 2000, William H. Rehnquist

William & Mary Law Review

No abstract provided.


The Use That The Future Makes Of The Past: John Marshall's Greatness And Its Lessons For Today's Supreme Court Justices, Jack M. Balkin Mar 2002

The Use That The Future Makes Of The Past: John Marshall's Greatness And Its Lessons For Today's Supreme Court Justices, Jack M. Balkin

William & Mary Law Review

No abstract provided.


The Lives Of John Marshall, Michael J. Gerhardt Mar 2002

The Lives Of John Marshall, Michael J. Gerhardt

William & Mary Law Review

No abstract provided.


Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White Oct 1988

Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White

William & Mary Law Review

No abstract provided.


Book Review Of History Of The Supreme Court Of The United States Volumes I And Vi, William F. Swindler Mar 1972

Book Review Of History Of The Supreme Court Of The United States Volumes I And Vi, William F. Swindler

William & Mary Law Review

No abstract provided.