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Full-Text Articles in Law

Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna Jun 2010

Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna

Scholarly Articles

Not available.


Trimming The Fat: A Study Of Mandatory Nutritional Disclosure Laws And Excessive Judicial Deference, Charles R. Yates, Iii Mar 2010

Trimming The Fat: A Study Of Mandatory Nutritional Disclosure Laws And Excessive Judicial Deference, Charles R. Yates, Iii

Washington and Lee Law Review

No abstract provided.


Stare Decisis As Judicial Doctrine, Randy J. Kozel Mar 2010

Stare Decisis As Judicial Doctrine, Randy J. Kozel

Washington and Lee Law Review

Stare decisis has been called many things, among them "~a principle of policy, " "a series ofprudential and pragmatic considerations, " and simply "the preferred course. " Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts. This Article examines stare decisis as applied by the U.S. Supreme Cour~, our nation 's highest doctrinal authority. A review of the Court 'sjurisprudence yields two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely …


Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller Jan 2010

Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller

Scholarly Articles

Politics' and pathology have converged to heighten speculation that Justice Ruth Bader Ginsburg's tenure on the Supreme Court is nearing its end. Even if the imminence of her retirement is greatly exaggerated, the time to reflect on Justice Ginsburg's lasting contribution to American constitutional law has arrived. Justice Ginsburg is best known for her long campaign to promote gender equality. Her successful advocacy on that issue before the Supreme Court throughout the 1970s led President Clinton to conclude, when announcing her nomination to fill Justice Byron White's vacated seat on the high court, that she is to the women's movement …