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Finding Certainty In Cert: An Empirical Analysis Of The Factors Involved In Supreme Court Certiorari Decisions From 2001-2015, Adam Feldman, Alexander Kappner 2016 University of Southern California

Finding Certainty In Cert: An Empirical Analysis Of The Factors Involved In Supreme Court Certiorari Decisions From 2001-2015, Adam Feldman, Alexander Kappner

University of Southern California Legal Studies Working Paper Series

The Supreme Court annually grants approximately 5% of the petitions to hear cases it receives. It denies petitions from the federal government, from large corporations, and from high-profile attorneys. The decisions of which petitions for writ of certiorari the Court grants sets the Court’s agenda each term and defines the issues which the Court will engage. With such a low likelihood that the Court hears any particular case, what makes a petition more or less likely to be granted? The focus of much of the existing scholarship on certiorari deals with the theoretical underpinnings of these judicial decisions. In ...


Who Wins In The Supreme Court? An Examination Of Attorney And Law Firm Influence, Adam Feldman 2016 University of Southern California

Who Wins In The Supreme Court? An Examination Of Attorney And Law Firm Influence, Adam Feldman

University of Southern California Legal Studies Working Paper Series

Who are the most successful attorneys in the Supreme Court? A novel way to answer this question is by looking at attorneys' relative influence on the course of the law. This article performs macro and micro-level analyses of the most successful Supreme Court litigators by examining the amount of language shared between nearly 9,500 Supreme Court merits briefs and their respective Supreme Court opinions from 1946 through 2013. The article also includes analyses of the most successful law firms according to the same metric.


Is The Chief Justice A Tax Lawyer?, Stephanie Hoffer, Christopher J. Walker 2016 Pepperdine University

Is The Chief Justice A Tax Lawyer?, Stephanie Hoffer, Christopher J. Walker

Pepperdine Law Review

In our contribution to this symposium on King v. Burwell, we explore two aspects of the Chief Justice’s opinion where it is hard to ignore the fingerprints of a tax lawyer. First, in the Chief’s approach to statutory interpretation one sees a tax lawyer as interpreter with an approach that tracks tax law’s substance-over-form doctrine. Second, as to King’s sweeping administrative law holding, the Chief crafts a new major questions doctrine that could significantly cut back on federal agency lawmaking authority. Yet he seems to develop this doctrine against the backdrop of tax exceptionalism, and thus ...


Linking Law And Life: Justice Sotomayor’S Judicial Voice, Laura K. Ray 2016

Linking Law And Life: Justice Sotomayor’S Judicial Voice, Laura K. Ray

Laura K. Ray

Analyzing the style of Supreme Court Justice Sonia Sotomayor's legal writing.


Reconsidering The Constitutionality Of Mandatory Minimum Sentences Under Section 231(5)(E) Post-Luxton, Laura Metcalfe 2016 University of Ottawa Faculty of Law

Reconsidering The Constitutionality Of Mandatory Minimum Sentences Under Section 231(5)(E) Post-Luxton, Laura Metcalfe

Western Journal of Legal Studies

Section 231(5)(e) of the Criminal Code elevates murder to first-degree murder when a death is caused while committing unlawful confinement per s. 279 of the Criminal Code. The corresponding mandatory sentence is life imprisonment with no eligibility for parole until 25 years have been served. The Supreme Court of Canada held that this provision was constitutional in R v Luxton, since it did not violate the principles of fundamental justice and was not considered cruel and unusual punishment, contrary to s. 7 and 12 of the Canadian Charter of Rights and Freedoms, respectively.

However, lower courts ought to ...


Electing Justice Roush To The Supreme Court Of Virginia, Carl Tobias 2016 University of Richmond School of Law

Electing Justice Roush To The Supreme Court Of Virginia, Carl Tobias

Washington and Lee Law Review Online

In late April 2015, the Supreme Court of Virginia announced that Justice LeRoy F. Millette, Jr. would retire on July 31, 2015. Democratic Governor Terry McAuliffe expeditiously created an open process for tapping a worthy successor. At July’s conclusion, the Governor appointed Fairfax County Circuit Judge Jane Marum Roush, an experienced, consensus jurist. On a Sunday night, merely two days after Roush swore her oath of office, Republican General Assembly leaders proclaimed their caucuses’ intention to elect another individual, despite conceding that Roush was very qualified. During the August special session, this concerted GOP endeavor prompted a Republican senator ...


Petition For Certiorari, Curtis J Neeley, Jr 2016

Petition For Certiorari, Curtis J Neeley, Jr

Curtis J Neeley Jr

Amicus in Support of allowing the Act 301 11-week limit for artificially aborting human gestation.
Done as a petition for certiorari as
Curtis J. Neeley, Jr., Petitioner v. Louis Jerry Edwards, et al., (15-7059)
Denied Jan 8, 2016.


The Republican Senate And Regular Order, Carl W. Tobias 2016 University of Richmond

The Republican Senate And Regular Order, Carl W. Tobias

Law Faculty Publications

Now that the 114th Congress has reached the first session’s conclusion, the purported application of regular order to a major Senate constitutional duty—rendering advice and consent on presidential nominees—merits analysis. This evaluation illuminates serious deficiencies, which plagued 2015 confirmations. Especially important was the GOP’s failure to expeditiously suggest aspirants for White House consideration, and specifically failing to fill “judicial emergencies,” provide hearings and ballots swiftly, conduct floor debates when required rapidly, and confirm more than 11 judges all year. This obstruction has numerous deleterious consequences; the most significant, however, is not fulfilling the constitutional responsibility to ...


Ggu Law Review Presents: Judicial Insights With Judge Mckeown And Justice Cuéllar, Golden Gate University School of Law 2016 Golden Gate University School of Law

Ggu Law Review Presents: Judicial Insights With Judge Mckeown And Justice Cuéllar, Golden Gate University School Of Law

Ronald M. George Distinguished Lecture Series

Program brochure for the Seventh Annual Chief Justice Ronald M. George Distinguished Lecture Series.

The event features the Honorable M. Margaret McKeown, Judge, U.S. Court of Appeals for the Ninth Circuit, and the Honorable Mariano-Florentino Cuéllar, Associate Justice, California Supreme Court.


Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer 2016 Duke Law School

Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer

Faculty Scholarship

This paper discusses three credible attempts by African governments to restrict the jurisdiction of three similarly-situated sub-regional courts in response to politically controversial rulings. In West Africa, when the ECOWAS Court upheld allegations of torture by opposition journalists in the Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights complaints. The other member states ultimately defeated the Gambia’s proposal. In East Africa, Kenya failed in its efforts to eliminate the EACJ and to remove some of its judges after a decision challenging an election to a sub-regional legislature. However, the member ...


How To Get Away With Career Murder: The Unconstitutional Blueprint For Systematically Purging Whistleblowers From U.S. Law Enforcement, Zena D. Crenshaw-Logal, Dr. Andrew D. Jackson, Dr. Sandra Nunn 2015 National Judicial Conduct and Disability Law Project, Inc.

How To Get Away With Career Murder: The Unconstitutional Blueprint For Systematically Purging Whistleblowers From U.S. Law Enforcement, Zena D. Crenshaw-Logal, Dr. Andrew D. Jackson, Dr. Sandra Nunn

Zena D. Crenshaw-Logal

Obviously U.S. state or federal prosecutors can be among the conspirators subjecting any given law enforcement whistleblower to retaliatory criminal prosecution.  In most instances such misdeeds are only under the color of law, i.e., they are the handy work of rogue government agents and do not constitute sovereign acts. However, according to the authors, an official or sovereign choice to “prefer” these oppressors is made each time a U.S. government agency opts not to thoroughly investigate their alleged whistleblower retaliation. The authors submit that all related convictions are accordingly void.  In addition to the “sworn public officer ...


The Federal Circuit As An Institution, Ryan G. Vacca 2015

The Federal Circuit As An Institution, Ryan G. Vacca

Ryan G. Vacca

The Court of Appeals for the Federal Circuit is a unique institution. Unlike other circuit courts, the Federal Circuit’s jurisdiction is bound by subject area rather than geography, and it was created to address a unique set of problems specific to patent law. These characteristics have affected its institutional development and made the court one of the most frequently studied appellate courts. This chapter examines this development and describes the evolving qualities that have helped the Federal Circuit distinguish itself, for better or worse, as an institution.

This chapter begins with an overview of the concerns existing before creation ...


(De)Liberalizing Judicial Independence In Egypt (Forthcoming 2016), Sahar F. Aziz, Sahar F. Aziz 2015 Texas A&M University School of Law

(De)Liberalizing Judicial Independence In Egypt (Forthcoming 2016), Sahar F. Aziz, Sahar F. Aziz

Sahar F. Aziz

The January 25th Egyptian revolution was initiated in the public square and defeated in the courts. In the months following the forced resignation of longtime president Hosni Mubarak, a protracted power struggle ensued between a people demanding self-governance and a chronically authoritarian regime. As the various stakeholders within the “deep state” realized their political disadvantage in mass street mobilizations by youth activists and opposition groups, they strategically transferred the conflict to the courts. Cognizant of Mubarak’s success in co-opting significant portions of the judiciary, the military-led interim government trusted the judges to deploy thin notions of rule of law ...


Detained: A Study Of Immigration Bond Hearings, Emily Ryo, Emily Ryo 2015 University of Southern California

Detained: A Study Of Immigration Bond Hearings, Emily Ryo, Emily Ryo

Emily Ryo

Immigration judges make consequential decisions that fundamentally affect the basic life chances of thousands of noncitizens and their family members every year. Yet, we know very little about how immigration judges make their decisions, including decisions about whether to release or detain noncitizens pending the completion of their immigration cases. Using original data on long-term immigrant detainees, I examine for the first time judicial decision-making in immigration bond hearings. I find that there are extremely wide variations in the average bond grant rates and bond amount decisions among judges in the study sample. What are the determinants of these bond ...


Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Extralegal Supreme Court Policy-Making, Joëlle Anne Moreno 2015 College of William & Mary Law School

Extralegal Supreme Court Policy-Making, Joëlle Anne Moreno

William & Mary Bill of Rights Journal

The Colbert Report aired its final episode on December 18, 2014.1 Nine years earlier, on the first episode, Stephen Colbert coined the word “truthiness.” Truthiness satirized contemporary disinterest in empirical information in a country increasingly “divided between those who think with their head and those who know with their heart.” Truthiness was not just the Merriam-Webster word of the year. Over the past decade, it has been the unspoken mantra of reporters who give equal time to climate science denialists, faith healers, and vaccine refusers. When Justices of the Supreme Court decide questions of scientific or empirical fact—such ...


James Madison's 'Notes': Revising The Constitutional Convention, Mary S Bilder 2015

James Madison's 'Notes': Revising The Constitutional Convention, Mary S Bilder

Mary Sarah Bilder

Interview with the National Constitution Center's Michael J. Gerhardt about the book Madison's Hand: Revising the Constitutional Convention.


Newsroom: Yelnosky On Judge Investigation, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


When The Chief Justice Serves In The Legislative Branch, Roy E. Brownell II 2015 University of Akron

When The Chief Justice Serves In The Legislative Branch, Roy E. Brownell Ii

ConLawNOW

This article argues that the Chief Justice is considered part of the legislative branch during presidential impeachment trials. In so arguing, this article first argues, as a matter of constitutional text, that the Chief Justice during presidential impeachment trials steps into the shoes of the president of the Senate. The Chief Justice’s authority in this vein is granted by Article I, which predominantly governs the legislative branch, and not Article III, which does the same for the federal judiciary.

Indeed, the only reference to the Chief Justice in the entirety of the Constitution occurs in this context in Article ...


La Comparecencia De Javier Laynez: Al Fin, Un Candidato Con Perfil De Ministro, Javier Martín Reyes, Javier Martín Reyes 2015 Columbia University

La Comparecencia De Javier Laynez: Al Fin, Un Candidato Con Perfil De Ministro, Javier Martín Reyes, Javier Martín Reyes

Javier Martín Reyes

La comparecencia de Javier Laynez: al fin, un candidato con perfil de m


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