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Articles 1 - 3 of 3

Full-Text Articles in Law

Supreme Court Reversals: Exploring The Seventh Court, Stephen Wermiel Jan 2008

Supreme Court Reversals: Exploring The Seventh Court, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger Jan 2008

Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger

University of Richmond Law Review

No abstract provided.


Much Ado About Pluralities: Pride And Precedent Amidst The Cacophony Of Concurrences, And Re-Percolation After Rapanos, Matthew J. Parlow, Donald J. Kochan Dec 2007

Much Ado About Pluralities: Pride And Precedent Amidst The Cacophony Of Concurrences, And Re-Percolation After Rapanos, Matthew J. Parlow, Donald J. Kochan

Matthew Parlow

Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …