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Articles 1 - 18 of 18
Full-Text Articles in Law
The Trouble With Amicus Facts, Allison Orr Larsen
The Trouble With Amicus Facts, Allison Orr Larsen
Allison Orr Larsen
The number of amicus curiae briefs filed at the Supreme Court is at an all-time high. Most observers, and even some of the Justices, believe that the best of these briefs are filed to supplement the Court’s understanding of facts. Supreme Court decisions quite often turn on generalized facts about the way the world works (Do violent video games harm children? Is a partial birth abortion ever medically necessary?). To answer these questions, the Justices are hungry for more information than the parties and the record can provide. The consensus is that amicus briefs helpfully add factual expertise to the …
Think You Know A Lot About Our Constitution?, Jesse Rutledge, Allison Orr Larsen
Think You Know A Lot About Our Constitution?, Jesse Rutledge, Allison Orr Larsen
Allison Orr Larsen
You may know that it was signed in Philadelphia in 1787, that the oldest signer was Benjamin Franklin and that it doesn’t include the word “democracy.” William & Mary Law Professor Allison Orr Larsen, an expert in constitutional law, can tell you a lot more about it. With Constitution Day (Sept. 17, 2018) upon us, Professor Larsen talks about the document’s strengths and weaknesses and its major misconceptions. And she discusses what she thinks will have to happen before it is amended again.
The Amicus Machine, Allison Orr Larsen, Neal Devins
The Amicus Machine, Allison Orr Larsen, Neal Devins
Allison Orr Larsen
The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …
Professor Allison Orr Larsen On Daca: Its History, Legal Controversies, And What Lies Ahead, Allison Orr Larsen, Adam M. Gershowitz
Professor Allison Orr Larsen On Daca: Its History, Legal Controversies, And What Lies Ahead, Allison Orr Larsen, Adam M. Gershowitz
Allison Orr Larsen
In an interview with Professor Adam Gershowitz, William & Mary Law Professor Allison Orr Larsen talks about DACA (Deferred Action for Childhood Arrivals), which you may know as the law governing DREAMers: what it is, why it is controversial from a legal perspective, recent changes imposed by the Trump administration, challenges to the law, and what may come next.
Perpetual Dissents, Allison Orr Larsen
Supreme Court Preview 2014-2015: Moot Court, Neal Devins, Michael Scodro, Andrew Pincus, Joan Biskupic, Garrett Epps, Irving Gornstein, Tara Leigh Grove, Allison Orr Larsen, Dahlia Lithwick, Erin E. Murphy, David Savage, Richard Wolf
Supreme Court Preview 2014-2015: Moot Court, Neal Devins, Michael Scodro, Andrew Pincus, Joan Biskupic, Garrett Epps, Irving Gornstein, Tara Leigh Grove, Allison Orr Larsen, Dahlia Lithwick, Erin E. Murphy, David Savage, Richard Wolf
Allison Orr Larsen
No abstract provided.
Supreme Court Norms Of Impersonality, Allison Orr Larsen
Supreme Court Norms Of Impersonality, Allison Orr Larsen
Allison Orr Larsen
No abstract provided.
Office Hours: Just The Facts With Allison Orr Larsen, Jeffrey Bellin, Michaela Lieberman, Allison Orr Larsen
Office Hours: Just The Facts With Allison Orr Larsen, Jeffrey Bellin, Michaela Lieberman, Allison Orr Larsen
Allison Orr Larsen
March 27, 2018: Today’s guest is William & Mary Law School professor Allison Orr Larsen. Professor Larsen talks about her research into the use of “alternative facts” in Supreme Court opinions (and beyond), the constitutional obstacles to investigating a sitting President, and her surprising career path.
Factual Precedents, Allison Orr Larsen
Factual Precedents, Allison Orr Larsen
Allison Orr Larsen
Lawyers and judges speak to each other in a language of precedents—decisions from cases that have come before. The most persuasive precedent to cite, of course, is an on-point decision of the U.S. Supreme Court. But Supreme Court opinions are changing. They contain more factual claims about the world than ever before, and those claims are now rich with empirical data. This Supreme Court factfinding is also highly accessible; fast digital research leads directly to factual language in old cases that is perfect for arguments in new ones. An unacknowledged consequence of all this is the rise of what I …
Judicial Fact-Finding In An Age Of Rapid Change: Creative Reforms From Abroad, Allison Orr Larsen
Judicial Fact-Finding In An Age Of Rapid Change: Creative Reforms From Abroad, Allison Orr Larsen
Allison Orr Larsen
No abstract provided.
Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins
Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins
Allison Orr Larsen
No abstract provided.
Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen
Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen
Allison Orr Larsen
No abstract provided.
Bargaining Inside The Black Box, Allison Orr Larsen
Bargaining Inside The Black Box, Allison Orr Larsen
Allison Orr Larsen
When jurors are presented with a menu of criminal verdict options and they cannot reach a consensus among them, what should they do? Available evidence suggests they are prone to compromise—that is, jurors will negotiate with each other and settle on a verdict in the middle, often on a lesser-included offense. The suggestion that jurors compromise is not new; it is supported by empirical evidence, well-accepted by courts and commentators, and unsurprising given the pressure jurors feel to reach agreement and the different individual views they likely hold. There are, however, some who say intrajury negotiation represents a failure of …
Do Laws Have A Constitutional Shelf Life?, Allison Orr Larsen
Do Laws Have A Constitutional Shelf Life?, Allison Orr Larsen
Allison Orr Larsen
Times change. A statute passed today may seem obsolete tomorrow. Does the Constitution dictate when a law effectively expires? In Shelby County v. Holder, the 2013 decision that invalidated a provision of the Voting Rights Act, the Court seems to answer that question in the affirmative. Although rational and constitutional when written, the Court held that the coverage formula of the law grew to be irrational over time and was unconstitutional now because it bears “no logical relation to the present day.” This reason for invalidating a law is puzzling. The question answered in Shelby County was not about whether …
Constitutional Law In An Age Of Alternative Facts, Allison Orr Larsen
Constitutional Law In An Age Of Alternative Facts, Allison Orr Larsen
Allison Orr Larsen
Objective facts—while perhaps always elusive—are now an endangered species. A mix of digital speed, social media, fractured news, and party polarization has led to what some call a “post-truth” society: a culture where what is true matters less than what we want to be true. At the same moment in time when “alternative facts” reign supreme, we have also anchored our constitutional law in general observations about the way the world works. Do violent video games harm child brain development? Is voter fraud widespread? Is a “partial-birth abortion” ever medically necessary? Judicial pronouncements on questions like these are common, and— …
Constitutional Dilemmas: Health-Care Reform Legislation, Allison Orr Larsen
Constitutional Dilemmas: Health-Care Reform Legislation, Allison Orr Larsen
Allison Orr Larsen
No abstract provided.
Allison Orr Larsen On Intensely Empirical Amicus Briefs And Amicus Opportunism At The Supreme Court, Allison Orr Larsen
Allison Orr Larsen On Intensely Empirical Amicus Briefs And Amicus Opportunism At The Supreme Court, Allison Orr Larsen
Allison Orr Larsen
No abstract provided.
Confronting Supreme Court Fact Finding, Allison Orr Larsen
Confronting Supreme Court Fact Finding, Allison Orr Larsen
Allison Orr Larsen
No abstract provided.