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Full-Text Articles in Law

Chief Justice John Roberts: Institutionalist Or Hubris-In-Chief?, Eric J. Segall Oct 2021

Chief Justice John Roberts: Institutionalist Or Hubris-In-Chief?, Eric J. Segall

Washington and Lee Law Review Online

The conventional wisdom among Supreme Court scholars and commentators is that Chief Justice John Roberts is an institutionalist who cares deeply about both his personal legacy and the Supreme Court’s prestige over time. This essay challenges that belief. While the Chief certainly cares about how the Court is perceived by the public, as do most of the justices, what most defines Roberts is his hubris—not a concern for the Court’s legitimacy or even his own place in history. Across the vast landscape of constitutional law, Roberts has distorted precedent and ignored text and history to further his own policy preferences. …


Foreword: Humanity, Dignity, And Grace, Brant J. Hellwig Jul 2021

Foreword: Humanity, Dignity, And Grace, Brant J. Hellwig

Washington and Lee Law Review

Commentary from Dean Brant Hellwig of the Washington and Lee University School of Law on the 2020-2021 Annual Lara D. Gass Symposium celebrating Hon. Roger L. Gregory, Chief Judge of the U.S. Court of Appeals for the Fourth Circuit, and this special issue of the Law Review featuring scholarship relating to that event.


Tribute To Professor David Bruck, Cristina Becker, C. Elizabeth Belmont, Johanna Bond, J.D. King, Zoe Bruck, Judy Clarke, Dawn M. Davison, Bernadette M. Donovan, Matthew L. Engle, William S. Geimer, Dan Goldman, Brandon Hasbrouck, Laura G. Hastay, Alexandra L. Klein, Emily Kuchar, Charu Kulkarni, Kristina Leslie, Kamyle Li, Kevin Mcnally, Maisie Osteen, Jonathan Shapiro, Scott E. Sundby Apr 2021

Tribute To Professor David Bruck, Cristina Becker, C. Elizabeth Belmont, Johanna Bond, J.D. King, Zoe Bruck, Judy Clarke, Dawn M. Davison, Bernadette M. Donovan, Matthew L. Engle, William S. Geimer, Dan Goldman, Brandon Hasbrouck, Laura G. Hastay, Alexandra L. Klein, Emily Kuchar, Charu Kulkarni, Kristina Leslie, Kamyle Li, Kevin Mcnally, Maisie Osteen, Jonathan Shapiro, Scott E. Sundby

Washington and Lee Law Review

A tribute to Professor David I. Bruck, who served on the faculty of the Washington and Lee University School of Law from 2004 to 2020. Bruck directed W&L's death penalty defense clinic, the Virginia Capital Case Clearinghouse, also known as "VC3". He became Professor of Law, Emeritus in 2020.


Cancelling Justice? The Case Of James Clark Mcreynolds, Todd C. Peppers Jan 2021

Cancelling Justice? The Case Of James Clark Mcreynolds, Todd C. Peppers

Scholarly Articles

Over the last several years, there has been a vigorous debate as to whether monuments and memorials of Confederate leaders and controversial historical figures should be purged from the public square. These conversations have included former Supreme Court justices and have led to the removal of multiple statues of former Chief Justice Roger Taney, author of the infamous “Dred Scott” decision. Drawing on the arguments mounted for and against the removal of statues, this article explores the decision of a small liberal arts college to strip the name of former Supreme Court Justice James Clark McReynolds from a campus building. …


Where's Rudy?, James E. Moliterno Jan 2021

Where's Rudy?, James E. Moliterno

Scholarly Articles

Choice of law in lawyer discipline matters, and the language among the popular choice of law rules in use matters. The core goals of choice of law principles should not limit the choices to the states in which a lawyer has a full, formal license. Doing so undermines the modern choice of law interests analysis by eliminating jurisdictions that may have the greatest interest in the conduct.

Lawyers cross borders physically and electronically on a daily basis. Accordingly, choice of law rules are critical, especially when a lawyer engages in missions that are targeted at particular jurisdictions, as Rudy Giuliani …


Tribute To Professor Doug Rendleman, Katy Barnett, Alison Bell, Jeff Berryman, Neil Birkhoff, Daniel Friedmann, Thomas P. Gallanis, Claire Hagan Eller, Brandon Hasbrouck, Corey Hauser, Brant Hellwig, Margaret Howard, Alexandra L. Klein, Douglas Laycock, Benjamin V. Madison, Iii, Judith L. Madison, Kyle Mcnew, Linda Mullenix, Rami Rashmawi, Caprice Roberts, Victoria Shannon Sahani, Joan Shaughnessy, Barry Sullivan, Martha Vazquez, Edilson Vitorelli Jan 2021

Tribute To Professor Doug Rendleman, Katy Barnett, Alison Bell, Jeff Berryman, Neil Birkhoff, Daniel Friedmann, Thomas P. Gallanis, Claire Hagan Eller, Brandon Hasbrouck, Corey Hauser, Brant Hellwig, Margaret Howard, Alexandra L. Klein, Douglas Laycock, Benjamin V. Madison, Iii, Judith L. Madison, Kyle Mcnew, Linda Mullenix, Rami Rashmawi, Caprice Roberts, Victoria Shannon Sahani, Joan Shaughnessy, Barry Sullivan, Martha Vazquez, Edilson Vitorelli

Washington and Lee Law Review

A tribute to Professor Doug Rendleman, who served on the faculty of the Washington and Lee University School of Law from 1988 to 2020. Rendleman became Professor of Law, Emeritus in 2020.