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6,967 full-text articles. Page 87 of 201.

The Supreme Court’S Controversial Gvrs – And An Alternative, Aaron-Andrew P. Bruhl 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 year

This Article …


Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Precedent, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Precedent, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Measuring Circuit Splits: A Cautionary Note, Aaron-Andrew P. Bruhl 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 cases resolving conflicts, …


Controversial Gvrs And The "Degradation" Of The Gvr, Aaron-Andrew P. Bruhl 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, Aaron-Andrew P. Bruhl 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), Aaron-Andrew P. Bruhl 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, Aaron-Andrew P. Bruhl 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 reasons …


2019-2020 Supreme Court Preview: Contents, Institute of Bill of Rights Law, William & Mary Law School 2019 William & Mary Law School

2019-2020 Supreme Court Preview: Contents, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 2: What To Expect From The Roberts Court, Institute of Bill of Rights Law, William & Mary Law School 2019 William & Mary Law School

Section 2: What To Expect From The Roberts Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


2019-2020 Supreme Court Preview: Schedule And Panel Members, Institute of Bill of Rights Law, William & Mary Law School 2019 William & Mary Law School

2019-2020 Supreme Court Preview: Schedule And Panel Members, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 1: Moot Court: Bostock V. Clayton County, Georgia; Altitude Express, Inc. V. Zarda, Institute of Bill of Rights Law, William & Mary Law School 2019 William & Mary Law School

Section 1: Moot Court: Bostock V. Clayton County, Georgia; Altitude Express, Inc. V. Zarda, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 3: Criminal Law, Institute of Bill of Rights Law, William & Mary Law School 2019 William & Mary Law School

Section 3: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 5: Business Law, Institute of Bill of Rights Law, William & Mary Law School 2019 William & Mary Law School

Section 5: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 4: Immigration Law, Institute of Bill of Rights Law, William & Mary Law School 2019 William & Mary Law School

Section 4: Immigration Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 6: Civil Rights, Institute of Bill of Rights Law, William & Mary Law School 2019 William & Mary Law School

Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 7: Constitutional Law, Institute of Bill of Rights Law, William & Mary Law School 2019 William & Mary Law School

Section 7: Constitutional Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies 2019 Roger Williams University School of Law

Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney 2019 Texas A&M University School of Law

Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney

Susan S. Fortney

No abstract provided.


Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody 2019 College of William & Mary

Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody

Carlisle Moody

No abstract provided.


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