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Full-Text Articles in Law

Comparative Judicialism, Popular Sovereignty, And The Rule Of Law: The Us And Uk Supreme Courts, Lissa Griffin, Thomas Kidney Jan 2021

Comparative Judicialism, Popular Sovereignty, And The Rule Of Law: The Us And Uk Supreme Courts, Lissa Griffin, Thomas Kidney

Washington and Lee Law Review Online

What does the future hold for the US and UK Supreme Courts? Both courts face an uncertain future in which their roles in their constitutional systems will come under intense scrutiny and pressure. The tension between the rule of law, often seen as the preserve of the judicial branches of government, and the sovereignty of the elected branches is palpable. In a time of the “strong man,” allegedly “populist leaders” who seemingly are pushing the limits of the rule of law, the breakdown of collaboration and debate, and the ever-present influence of social media, this tension will only become more ...


Active Virtues, Michael D. Gilbert, Mauricio A. Guim Jan 2021

Active Virtues, Michael D. Gilbert, Mauricio A. Guim

Washington University Law Review

Constitutional theory has long been influenced by the idea that the Supreme Court exercises “passive virtues,” avoiding politically divisive cases that threaten its legitimacy. The Article inverts the logic. Supreme Court Justices (and other judges too) do more than avoid divisive cases that could weaken the Court. They seek “unity” cases—meaning cases where law and politics align—that could strengthen the Court. When judges seek unity cases to enhance their legitimacy, they exercise active virtues.

We develop the theory of active virtues and demonstrate its use. Our case studies come from the U.S. Supreme Court and tribunals worldwide ...


The Long Shortlist: Women Considered For The Supreme Court, Michael Conklin Jan 2021

The Long Shortlist: Women Considered For The Supreme Court, Michael Conklin

Journal of Race, Gender, and Ethnicity

No abstract provided.


A Brief History Of Judical Appointments From The Last 50 Years Through The Trump Administration, Donald F. Mcgahn Ii Feb 2020

A Brief History Of Judical Appointments From The Last 50 Years Through The Trump Administration, Donald F. Mcgahn Ii

William & Mary Law Review

Thank you so much for that kind introduction. I really appreciate the opportunity to be here today. I am going to talk about the confirmation process generally. There is no better place to talk about it than here. Let me begin with some numbers and statistics, before I turn to the main thrust of my talk, to give some context as to what recent Presidents have done with respect to judicial appointments. President Trump has appointed two Supreme Court Justices, Neil Gorsuch and Brett of Appeals; twenty-nine so far have been confirmed. The Senate Leader, Senator Mitch McConnell, has already ...


Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley Jan 2019

Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley

Indiana Law Journal

This Note will be primarily divided into three main sections. Part I of this Note will begin by discussing the importance of judicial independence in modern society and the role of elected officials in shaping the public perception of the courts. Additionally, as problems of judicial legitimacy are age-old and date back to America’s founding, Part I will include a brief discussion of an early clash between President Thomas Jefferson and the courts.

Parts II and III of this Note will seek to place President Trump’s conduct towards the judicial branch within the proper historical context. Part II ...


What Are The Judiciary’S Politics?, Michael W. Mcconnell May 2018

What Are The Judiciary’S Politics?, Michael W. Mcconnell

Pepperdine Law Review

What are the politics of the federal judiciary, to the extent that the federal judiciary has politics? Whose interests do federal judges represent? This Essay puts forward five different kinds of politics that characterize the federal judiciary. First, the federal judiciary represents the educated elite. Second, the federal judiciary represents past political majorities. Third, the federal judiciary is more politically balanced than the legislative or executive branches. Fourth, the federal judiciary is organized by regions, and between those regions there is significant diversity. Fifth, to the extent that the judiciary leans one way or the other, it leans toward the ...


The Founding Fathers Said I Am Not Subject To Term Limits, Elias Arroyo Jan 2016

The Founding Fathers Said I Am Not Subject To Term Limits, Elias Arroyo

Touro Law Review

No abstract provided.


Statutory Interpretations And The Therapy Of The Obvious, Edward L. Rubin Jan 2015

Statutory Interpretations And The Therapy Of The Obvious, Edward L. Rubin

Vanderbilt Law Review

Arthur Koestler wrote that "the more original a discovery the more obvious it seems afterward."' The same may be said about theories of law, and specifically about Robert Katzmann's new book, Judging Statutes. Judge Katzmann's approach to statutory interpretation seems so plausible and balanced that it is hard to believe that anyone ever believed anything else. In this particular case, however, there is in fact an "anything else." It is, of course, Justice Antonin Scalia's campaign to displace intentionalist or purposivist approaches to interpretation with what has come to be called "textualism," and his related effort to ...


The Philosophy And Jurisprudence Of Chief Justice Roberts, Kiel Brennan-Marquez Jan 2014

The Philosophy And Jurisprudence Of Chief Justice Roberts, Kiel Brennan-Marquez

Utah Law Review

A thicket of commentary has blossomed around the figure of Chief Justice Roberts. The bulk of it, however, has either focused exclusively on his role in the 2011 term or has lumped him in uncritically with the Court’s conservative wing. In response, this Article takes a wider view of his tenure, arguing that Chief Justice Roberts is best understood as an idealist, a true believer in the rule of law, with a special sensitivity toward issues of constitutional structure. In the first Part of the Article, I explore Chief Justice Roberts’s penchant for infusing his opinions with “teaching ...


Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe Apr 2008

Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe

West Virginia Law Review

No abstract provided.


Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger Jan 2008

Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger

University of Richmond Law Review

No abstract provided.


Preface, Jaime L. Henshaw Mar 2004

Preface, Jaime L. Henshaw

University of Richmond Law Review

No abstract provided.


John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins Mar 2002

John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins

William & Mary Law Review

No abstract provided.


The Lives Of John Marshall, Michael J. Gerhardt Mar 2002

The Lives Of John Marshall, Michael J. Gerhardt

William & Mary Law Review

No abstract provided.


Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, William H. Rehnquist Oct 1995

Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, William H. Rehnquist

William & Mary Law Review

No abstract provided.


Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, Sandra Day O'Connor Oct 1995

Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, Sandra Day O'Connor

William & Mary Law Review

No abstract provided.


The Honorable Warren E. Burger, The Fifteenth Chief Justice Of The United States Supreme Court And Twentieth Chancellor Of The College Of William And Mary: Introductory Remarks, Timothy J. Sullivan Oct 1995

The Honorable Warren E. Burger, The Fifteenth Chief Justice Of The United States Supreme Court And Twentieth Chancellor Of The College Of William And Mary: Introductory Remarks, Timothy J. Sullivan

William & Mary Law Review

No abstract provided.


Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, J. Michael Luttig Oct 1995

Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, J. Michael Luttig

William & Mary Law Review

No abstract provided.


Mr. Justice Frankfurter's Iconography Of Judging, Alfred S. Neely Jan 1993

Mr. Justice Frankfurter's Iconography Of Judging, Alfred S. Neely

Kentucky Law Journal

No abstract provided.


In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright Jan 1993

In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright

Touro Law Review

No abstract provided.


Visions Of A Labor Lawyer: The Legacy Of Justice Brennan, B. Glenn George May 1992

Visions Of A Labor Lawyer: The Legacy Of Justice Brennan, B. Glenn George

William & Mary Law Review

No abstract provided.


Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr. Jan 1992

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas Jan 1990

Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas

Touro Law Review

No abstract provided.


Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman Jan 1989

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

No abstract provided.


Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White Oct 1988

Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White

William & Mary Law Review

No abstract provided.


Memoriam: Justice Tom C. Clark (1976 Tazewell Taylor Visiting Professor), William F. Swindler Oct 1977

Memoriam: Justice Tom C. Clark (1976 Tazewell Taylor Visiting Professor), William F. Swindler

William & Mary Law Review

No abstract provided.


Book Review Of The Justices Of The United States Supreme Court, William F. Swindler May 1970

Book Review Of The Justices Of The United States Supreme Court, William F. Swindler

William & Mary Law Review

No abstract provided.