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Articles 1 - 7 of 7
Full-Text Articles in Rule of Law
Stephen Breyer, The Authority Of The Court And The Peril Of Politics, Harvard University Press, 2021, Louis Fisher
Stephen Breyer, The Authority Of The Court And The Peril Of Politics, Harvard University Press, 2021, Louis Fisher
William & Mary Law Review Online
Louis Fisher reviewing Stephen Breyer's The Authority of the Court and the Peril of Politics (Harvard University Press, 2021).
Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren
Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren
Faculty Publications
No abstract provided.
Summary Dispositions As Precedent, Richard C. Chen
Summary Dispositions As Precedent, Richard C. Chen
William & Mary Law Review
The Supreme Court’s practice of summarily reversing decisions based on certiorari filings, without the benefit of merits briefing or oral argument, has recently come under increasing scrutiny. The practice is difficult to square with the Court’s stated criteria for granting certiorari and its norms against reviewing fact-bound cases to engage in mere error correction. Nonetheless, there is growing acceptance that the practice is likely to continue in some form, and the conversation has shifted to asking when the use of summary dispositions should be considered proper. Commentators have had no trouble identifying the Court’s tendencies: summary dispositions are most commonly …
The Rhetoric Of Constitutional Absolutism, Eric Berger
The Rhetoric Of Constitutional Absolutism, Eric Berger
William & Mary Law Review
Though constitutional doctrine is famously unpredictable, Supreme Court Justices often imbue their constitutional opinions with a sense of inevitability. Rather than concede that evidence is sometimes equivocal, Justices insist with great certainty that they have divined the correct answer. This Article examines this rhetoric of constitutional absolutism and its place in our broader popular constitutional discourse. After considering examples of the Justices’ rhetorical performances, this Article explores strategic, institutional, and psychological explanations for the phenomenon. It then turns to the rhetoric’s implications, weighing its costs and benefits. This Article ultimately argues that the costs outweigh the benefits and proposes a …
Mainstreaming Gender In Rule Of Law Initiatives In Post-Conflict Settings, Eve M. Grina
Mainstreaming Gender In Rule Of Law Initiatives In Post-Conflict Settings, Eve M. Grina
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt
Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
William & Mary Law Review
No abstract provided.