Accommodating Employees' Sabbaths: Is It The Government's Job?,
2019
William & Mary Law School
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Neal E. Devins
No abstract provided.
A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?,
2019
William & Mary Law School
A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins
Neal E. Devins
No abstract provided.
Book Review Of The Second American Revolution,
2019
William & Mary Law School
Book Review Of The Second American Revolution, Neal Devins
Neal E. Devins
No abstract provided.
Book Review Of The Supreme Court And Constitutional Democracy,
2019
William & Mary Law School
Book Review Of The Supreme Court And Constitutional Democracy, Neal Devins
Neal E. Devins
No abstract provided.
Can Public Housing Tenants, Alleging Civil Rights Violations, Enforce Federal Housing Law?,
2019
William & Mary Law School
Can Public Housing Tenants, Alleging Civil Rights Violations, Enforce Federal Housing Law?, Douglas Bowman, Neal Devins
Neal E. Devins
No abstract provided.
The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan,
2019
William & Mary Law School
The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas
Davison M. Douglas
The first Justice John Marshall Harlan’s status as one of the greatest Supreme Court Justices in American history rests largely upon his civil rights jurisprudence. The literature exploring the nuances of Harlan’s civil rights jurisprudence is vast. Far less attention has been paid to the reasons for Harlan’s strong civil rights views. Developing a rich sense of Harlan’s thinking has been difficult because Harlan did not leave behind a large trove of non-judicial writings. There is, however, a remarkable source of Harlan’s thought that has been largely overlooked by scholars: Harlan’s constitutional law lectures ...
The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case",
2019
William & Mary Law School
The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas
Davison M. Douglas
Marbury v. Madison is today indisputably one of the "great cases" of American constitutional law because of its association with the principle of judicial review. But for much of its history, Marbury has not been regarded as a seminal decision. Between 1803 and 1887, the Supreme Court never once cited Marbury for the principle of judicial review, and nineteenth century constitutional law treatises were far more likely to cite Marbury for the decision's discussion of writs of mandamus or the Supreme Court's original jurisdiction than for its discussion of judicial review. During the late nineteenth century, however, the ...
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court,
2019
William & Mary Law School
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Davison M. Douglas
No abstract provided.
When Is Finality Final? Second Chances At The Supreme Court,
2019
William & Mary Law School
When Is Finality Final? Second Chances At The Supreme Court, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
When Is Finality . . . Final? Rehearing And Resurrection In The Supreme Court,
2019
William & Mary Law School
When Is Finality . . . Final? Rehearing And Resurrection In The Supreme Court, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
The Supreme Court’S Controversial Gvrs – And An Alternative,
2019
William & Mary Law School
The Supreme Court’S Controversial Gvrs – And An Alternative, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
This Article addresses a relatively neglected portion of the Supreme Court's docket: the "GVR"-that is, the Court's procedure for summarily granting certiorari, vacating the decision below without finding error, and remanding the case for further consideration by the lower court. The purpose of the GVR device is to give the lower court the initial opportunity to consider the possible impact of a new development (such as a recently issued Supreme Court decision) and, if necessary, to revise its ruling in light of the changed circumstances. The Court may issue scores or even hundreds of these orders every ...
Subject Matter Jurisdiction,
2019
William & Mary Law School
Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Precedent,
2019
William & Mary Law School
Measuring Circuit Splits: A Cautionary Note,
2019
William & Mary Law School
Measuring Circuit Splits: A Cautionary Note, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
A number of researchers have recently published new measures of the Supreme Court’s behavior in resolving conflicts in the lower courts. These new measures represent an improvement over prior, cruder approaches, but it turns out that measuring the Court’s resolutions of conflicts is surprisingly difficult. The aim of this methodological comment is to describe those difficulties and to establish several conclusions that follow from them. First, the new measures of the Court’s behavior are certainly imprecise and may reflect biased samples. Second, using the Supreme Court Database, which some studies rely on to assemble a dataset of ...
Controversial Gvrs And The "Degradation" Of The Gvr,
2019
William & Mary Law School
Controversial Gvrs And The "Degradation" Of The Gvr, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation,
2019
William & Mary Law School
Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Abbott Labs V. Gardner, 387 U.S. 136 (1967),
2019
William & Mary Law School
Abbott Labs V. Gardner, 387 U.S. 136 (1967), Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Following Lower-Court Precedent,
2019
William & Mary Law School
Following Lower-Court Precedent, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
This Article examines the role of lower-court precedent in the US Supreme Court’s decisions. The Supreme Court is rarely the first court to consider a legal question, and therefore the Court has the opportunity to be informed by and perhaps even persuaded by the views of the various lower courts that have previously addressed the issue. This Article considers whether the Court should give weight to lower-court precedent as a matter of normative theory and whether the Court in fact does so as a matter of practice. To answer the normative question, this Article analyzes a variety of potential ...
Backdoor Balancing,
2019
Selected Works
Backdoor Balancing, Elizabeth Earle Beske
Elizabeth Earle Beske
The U.S. Supreme Court has employed various mechanisms to blunt the systemic impact of legal change. The Warren Court balanced the interests advanced by new rules against the disruption of their retroactive application and frequently limited new rules to prospective effect. The Rehnquist Court decisively rejected this approach in the mid-1990s and committed itself to full adjudicative retroactivity as to pending cases. This Article argues that, although the Court slammed a door, it subsequently opened a window. The Court has spent the intervening decades devising ostensibly independent and unrelated doctrines to mitigate disruption. Despite the Rehnquist Court’s insistence ...
Section 6: Civil Rights,
2019
Institute of Bill of Rights Law at the William & Mary Law School
Section 6: Civil Rights, Institute Of Bill Of Rights Law At The William & Mary Law School
Supreme Court Preview
No abstract provided.
