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Full-Text Articles in Law
Judging "Under Fire" And The Retreat To Facts, Allison Orr Larsen
Judging "Under Fire" And The Retreat To Facts, Allison Orr Larsen
William & Mary Law Review
Americans tend to worry about how our current polarized political climate will affect the legitimacy of our courts. Often overlooked in this important conversation is a discussion about what a toxic political dialogue can do—and in fact is doing—to the construction of the law itself. This Article will begin to make the case that judicial decisions themselves change as a result of high-intensity politics. Specifically, I will argue that when judges are “under fire” (to borrow a phrase from Planned Parenthood v. Casey), they tend to cloak their decisions in factual observations about the world that seem neutral and objective, …
Extralegal Supreme Court Policy-Making, Joëlle Anne Moreno
Extralegal Supreme Court Policy-Making, Joëlle Anne Moreno
William & Mary Bill of Rights Journal
The Colbert Report aired its final episode on December 18, 2014.1 Nine years earlier, on the first episode, Stephen Colbert coined the word “truthiness.” Truthiness satirized contemporary disinterest in empirical information in a country increasingly “divided between those who think with their head and those who know with their heart.” Truthiness was not just the Merriam-Webster word of the year. Over the past decade, it has been the unspoken mantra of reporters who give equal time to climate science denialists, faith healers, and vaccine refusers. When Justices of the Supreme Court decide questions of scientific or empirical fact—such as whether …
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Faculty Publications
No abstract provided.
Missing The "Play Of Intelligence", Daniel A. Farber
Missing The "Play Of Intelligence", Daniel A. Farber
William & Mary Law Review
No abstract provided.
One Man’S Stand For Freedom: Opinions And Lectures Of Mr. Justice Hugo Black, William W. Van Alstyne
One Man’S Stand For Freedom: Opinions And Lectures Of Mr. Justice Hugo Black, William W. Van Alstyne
Faculty Publications
This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.