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Full-Text Articles in Law
Debate, Christopher Serkin, Richard Primus, Kevin M. Stack, Nelson Tebbe
Debate, Christopher Serkin, Richard Primus, Kevin M. Stack, Nelson Tebbe
Vanderbilt Law School Faculty Publications
In 1890, Louis Brandeis wrote The Right to Privacy. Within a matter of years, the courts began adopting his theory, creating a newly articulated legal right. This article likely represented the high-water mark of legal academia in terms of real world impact. In recent years, the academy has lost much of its relevance. Chief Justice Roberts ridiculed academic work, suggesting that legal scholarship has become esoteric and irrelevant. This should not be the case. The quality of legal scholars is higher than it has ever been—young scholars now often enter the academy with doctoral degrees in related fields. Likewise, technology …
After The Override: An Empirical Analysis Of Shadow Precedent, Brian Broughman, Deborah A. Widiss
After The Override: An Empirical Analysis Of Shadow Precedent, Brian Broughman, Deborah A. Widiss
Vanderbilt Law School Faculty Publications
Congressional overrides of prior judicial interpretations of statutory language are typically defined as equivalent to judicial overrulings, and they are presumed to play a central role in maintaining legislative supremacy. Our study is the first to empirically test these assumptions. Using a differences-in-differences research design, we find that citation levels decrease far less after legislative overrides than after judicial overrulings. This pattern holds true even when controlling for depth of the superseding event or considering only the specific proposition that was superseded. Moreover, contrary to what one might expect, citation levels decrease more quickly after restorative overrides—-in which Congress repudiates …