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Articles 1 - 11 of 11

Full-Text Articles in Law

Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro Oct 2010

Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro

William & Mary Bill of Rights Journal

In this Article we offer the first comprehensive evaluation of oral dissenting on the Supreme Court. We examine the practice in both historical and contemporary perspective, take stock of the emerging academic literature on the subject, and suggest a new framework for analysis of oral dissenting. Specifically, we put forth several claims. Contrary to the common assumption of scholarship and media coverage, oral dissents are nothing new. Oral dissenting has a long tradition, and its history provides valuable lessons for understanding the potential and limits of oral dissents today. Furthermore, not all oral dissents are alike. Dissenting Justices may have …


Section 2: Elena Kagan And The Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2010

Section 2: Elena Kagan And The Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2010

Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 3: Roberts Court, A Retrospective, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2010

Section 3: Roberts Court, A Retrospective, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 8: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2010

Section 8: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 7: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2010

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

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No abstract provided.


Section 9: Immigration, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2010

Section 9: Immigration, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 5: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2010

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

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No abstract provided.


Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2010

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

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No abstract provided.


Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring Apr 2010

Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring

William & Mary Law Review

Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges reason their way to particular outcomes. This Article attempts to integrate and address the concerns of both audiences by way of an empirical examination of the Supreme Court’s use of a particular interpretive technique— namely, the use of legislative history to determine the purpose and meaning of a statute. We analyzed …


Controversial Gvrs And The "Degradation" Of The Gvr, Aaron-Andrew P. Bruhl Feb 2010

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

Popular Media

No abstract provided.