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Articles 1 - 21 of 21
Full-Text Articles in Law
When Is Finality Final? Second Chances At The Supreme Court, Aaron-Andrew P. Bruhl
When Is Finality Final? Second Chances At The Supreme Court, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
The Viability Of Certification In Federal Appellate Procedure, Kevin G. Crennan
The Viability Of Certification In Federal Appellate Procedure, Kevin G. Crennan
William & Mary Law Review
No abstract provided.
When Is Finality . . . Final? Rehearing And Resurrection In The Supreme Court, Aaron-Andrew P. Bruhl
When Is Finality . . . Final? Rehearing And Resurrection In The Supreme Court, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear
Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear
William & Mary Law Review
American appellate courts have long resisted calls that they play a more robust role in the sentencing process, insisting that they must defer to what they characterize as the superior sentencing competence of trial judges. This position is unfortunate insofar as rigorous appellate review might advance uniformity and other rule-of-law values that are threatened by broad trial court discretion. This Article thus provides the first systematic critique of the appellate courts’ standard justifications for deferring to trial court sentencing decisions. For instance, these justifications are shown to be based on premises that are inconsistent with empirical research on cognition and …
Controversial Gvrs And The "Degradation" Of The Gvr, Aaron-Andrew P. Bruhl
Controversial Gvrs And The "Degradation" Of The Gvr, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
When Is Finality . . . Final?, Aaron-Andrew P. Bruhl
When Is Finality . . . Final?, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl
Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
New Theories Of Guilt On Appeal In Virginia Criminal Cases, Aaron C. Garrett
New Theories Of Guilt On Appeal In Virginia Criminal Cases, Aaron C. Garrett
William & Mary Law Review
No abstract provided.
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Faculty Publications
This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed that misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who have committed serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.
The Supreme Court’S Controversial Gvrs – And An Alternative, Aaron-Andrew P. Bruhl
The Supreme Court’S Controversial Gvrs – And An Alternative, Aaron-Andrew P. Bruhl
Faculty Publications
This Article addresses a relatively neglected portion of the Supreme Court's docket: the "GVR"-that is, the Court's procedure for summarily granting certiorari, vacating the decision below without finding error, and remanding the case for further consideration by the lower court. The purpose of the GVR device is to give the lower court the initial opportunity to consider the possible impact of a new development (such as a recently issued Supreme Court decision) and, if necessary, to revise its ruling in light of the changed circumstances. The Court may issue scores or even hundreds of these orders every year
This Article …
The Failure Of Bowles V. Russell, Scott Dodson
The Failure Of Bowles V. Russell, Scott Dodson
Faculty Publications
The Supreme Court recently decided Bowles v. Russell—perhaps that Term’s most underrated case—which characterized the time to file a civil notice of appeal as jurisdictional and therefore not subject to equitable excuses for noncompliance. In so holding, the Court overstated the supporting precedent, inflated the jurisdictional importance of statutes, and undermined an important recent movement to clarify when a rule is jurisdictional and when it is not. This did not have to be. The Court missed a golden opportunity to chart a middle course—holding the rule mandatory but nonjurisdictional—that would have been more consistent with precedent while resolving the …
Even Aliens Are Entitled To Due Process: Extending Mathews V. Eldridge Balancing To Board Of Immigration Appeals Procedural Reform, Bradley J. Wyatt
Even Aliens Are Entitled To Due Process: Extending Mathews V. Eldridge Balancing To Board Of Immigration Appeals Procedural Reform, Bradley J. Wyatt
William & Mary Bill of Rights Journal
No abstract provided.
The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer
The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer
Faculty Publications
No abstract provided.
Deciding To Decide: Class Action Certification And Interlocutory Review By The United States Courts Of Appeals Under Rule 23(F), Michael E. Solimine, Christine Oliver Hines
Deciding To Decide: Class Action Certification And Interlocutory Review By The United States Courts Of Appeals Under Rule 23(F), Michael E. Solimine, Christine Oliver Hines
William & Mary Law Review
No abstract provided.
Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya
Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Immediate Appeal From Counsel Disqualification In Criminal Cases, Lee I. Sherman
Immediate Appeal From Counsel Disqualification In Criminal Cases, Lee I. Sherman
William & Mary Law Review
No abstract provided.
Federal Criminal Procedure - Habeas Corpus Procedures - Discretion To Deny Successive Habeas Corpus Applications Without A Hearing - Hilbrich V. United States, 406 F.2d 850 (7th Cir. 1969), Thomas J. Donovan
William & Mary Law Review
No abstract provided.
Motion To Set Aside The Verdict: Evidence Deficiencies, Gregory U. Evans
Motion To Set Aside The Verdict: Evidence Deficiencies, Gregory U. Evans
William & Mary Law Review
No abstract provided.
Procedure: Failure To Exhaust Appellate Remedies As A Bar To Relief, John E. Donaldson
Procedure: Failure To Exhaust Appellate Remedies As A Bar To Relief, John E. Donaldson
William & Mary Law Review
No abstract provided.
Some Problems Of Removal And Appeal From Courts Not Of Record In Virginia, Harmon D. Maxson
Some Problems Of Removal And Appeal From Courts Not Of Record In Virginia, Harmon D. Maxson
William & Mary Law Review
No abstract provided.
Cases And Materials On Trials, Judgments, And Appeals, Bolling R. Powell Jr.
Cases And Materials On Trials, Judgments, And Appeals, Bolling R. Powell Jr.
Faculty Publications
No abstract provided.