Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
Articles 1 - 4 of 4
Full-Text Articles in Legal Writing and Research
The Paradoxical Impact Of Scalia's Campaign Against Legislative History, Stuart Minor Benjamin, Kristen M. Renberg
The Paradoxical Impact Of Scalia's Campaign Against Legislative History, Stuart Minor Benjamin, Kristen M. Renberg
Cornell Law Review
Beginning in 1985, Judge and then Justice Antonin Scalia advocated forcefully against the use of legislative history in statutory interpretation. Justice Scalia's position, in line with his textualism, was that legislative history was irrelevant and judges should avoid invoking it. Reactions to his attacks among Justices and prominent circuit judges had an ideological quality, with greater support from ideological conservatives. In this Article, we consider the role that political party and timing ofjudicial nomination played in circuit judges' use of legislative history. Specifically, we hypothesize that Republican circuit judges were more likely to respond to the attacks on legislative history …
Reflections On Emerging Practices And Developments In The Field Of Law Reporting: Lessons From Kenya, Teddy J.O. Musiga
Reflections On Emerging Practices And Developments In The Field Of Law Reporting: Lessons From Kenya, Teddy J.O. Musiga
Southern African Journal of Policy and Development
Many users and/or consumers of law reports grapple with two major questions. The first question revolves around the issue why some judicial decisions are referred to as reported decisions, while others are referred to as unreported decisions. This question therefore deals with the dichotomy between reported judicial decisions and unreported judicial decisions. The second question flows from the first and relates to which categories of decisions appear in law reports (and therefore are classified as ‘reported’) and which ones do not (and therefore are classified as ‘unreported’). Put the other way around, that second question becomes: what are the criteria …
Debate, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe
Debate, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe
Cornell Law Review
No abstract provided.
When A Rose Isn’T “Arose” Isn’T Arroz: A Guide To Footnoting For Informational Clarity And Scholarly Discourse, William B.T. Mock
When A Rose Isn’T “Arose” Isn’T Arroz: A Guide To Footnoting For Informational Clarity And Scholarly Discourse, William B.T. Mock
International Journal of Legal Information
The essence of footnoting is communication with the reader, but footnote communication that is literally subordinate to the primary text. What a footnote communicates therefore depends upon and extends what the primary text communicates, from telling the reader where to find the source of a reference made in the text through guiding the reader to the different ideas of other members of the invisible college of scholars in the field. By remaining sensitive to the purposes of different footnotes and the needs of the reader, effective footnoting can make a valuable contribution to scholarship.