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Full-Text Articles in Law
The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove
The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove
Faculty Publications
Scholars have long treated the Exceptions Clause of Article III as a serious threat to the Supreme Court’s central constitutional function: establishing definitive and uniform rules of federal law. This Article argues that scholars have overlooked an important function of the Clause. Congress has repeatedly used its broad “exceptions power” to facilitate, not to undermine, the Supreme Court’s constitutional role. Drawing on insights from social science, this Article asserts that Congress has an incentive to use its control over federal jurisdiction to promote the Court’s role in settling disputed federal questions. Notably, this argument has considerable historical support. When the …
Battle For Disclosure Tort, Jared A. Wilkerson
Battle For Disclosure Tort, Jared A. Wilkerson
W&M Law Student Publications
Legal scholars guided the creation and development of privacy torts, including what would become known as the disclosure tort, for about seventy-five years (1890-1965), a period in which most states came to recognize a common law or statutory right to privacy. Since then, scholarly attempts to curb or modify the tort have yielded little. This Article-beginning with the formalism-realism debate won by Brandeis, Pound, and Prosser and ending with modern experts--shows that notwithstanding enormous efforts by contemporary legal academics, would-be reformers of the disclosure tort have not budged it since Prosser's Restatement (Second). The Article presents both a lesson and …