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Full-Text Articles in Law
A Brief History Of Judical Appointments From The Last 50 Years Through The Trump Administration, Donald F. Mcgahn Ii
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 …
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
William & Mary Law Review
Injustice in criminal cases often takes root before trial begins. Overworked criminal judges must resolve difficult pretrial evidentiary issues that determine the charges the State will take to trial and the range of sentences the defendant will face. Wrong decisions on these issues often lead to wrongful convictions. As behavioral law and economic theory suggests, judges who are cognitively busy and receive little feedback on these topics from appellate courts rely upon intuition, rather than deliberative reasoning, to resolve these questions. This leads to inconsistent rulings, which prosecutors exploit to expand the scope of evidentiary exceptions that almost always disfavor …
Friendly Precedent, Anthony Niblett, Albert H. Yoon
Friendly Precedent, Anthony Niblett, Albert H. Yoon
William & Mary Law Review
This Article explores which legal precedents judges choose to support their decisions.When describing the legal landscape in a written opinion, which precedent do judges gravitate toward? We examine the idea that judges are more likely to cite friendly precedent. A friendly precedent, here, is one that was delivered by Supreme Court Justices who have similar political preferences to the lower court judges delivering the opinion. In this Article, we test whether a federal Court of Appeals panel is more likely to engage with binding Supreme Court precedent when the political flavor of that precedent is aligned with the political composition …
St. George Tucker's Law Papers, Charles F. Hobson
St. George Tucker's Law Papers, Charles F. Hobson
William & Mary Law Review
No abstract provided.
John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins
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
The Lives Of John Marshall, Michael J. Gerhardt
William & Mary Law Review
No abstract provided.
Judges As Altruistic Hierarchs, Lynn A. Stout
Judges As Altruistic Hierarchs, Lynn A. Stout
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
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
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
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
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.
Missing The "Play Of Intelligence", Daniel A. Farber
Missing The "Play Of Intelligence", Daniel A. Farber
William & Mary Law Review
No abstract provided.
Visions Of A Labor Lawyer: The Legacy Of Justice Brennan, B. Glenn George
Visions Of A Labor Lawyer: The Legacy Of Justice Brennan, B. Glenn George
William & Mary Law Review
No abstract provided.
Justice Holmes And The Art Of Biography, Sheldon M. Novick
Justice Holmes And The Art Of Biography, Sheldon M. Novick
William & Mary Law Review
No abstract provided.
Mapping The Morass: Application Of Section 2 Of The Voting Rights Act To Judicial Elections, Mary Thrower Wickham
Mapping The Morass: Application Of Section 2 Of The Voting Rights Act To Judicial Elections, Mary Thrower Wickham
William & Mary Law Review
No abstract provided.
The Federal Magistrates Act: A New Article Iii Analysis For A New Breed Of Judicial Officer, Brendan Linehan Shannon
The Federal Magistrates Act: A New Article Iii Analysis For A New Breed Of Judicial Officer, Brendan Linehan Shannon
William & Mary Law Review
No abstract provided.
Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White
Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White
William & Mary Law Review
No abstract provided.
The Role Of The English Judiciary In Developing Public Law, Harry Woolf
The Role Of The English Judiciary In Developing Public Law, Harry Woolf
William & Mary Law Review
No abstract provided.
Scientific Evidence And The Question Of Judicial Capacity, John W. Wesley
Scientific Evidence And The Question Of Judicial Capacity, John W. Wesley
William & Mary Law Review
No abstract provided.
Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid
Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid
William & Mary Law Review
No abstract provided.
Memoriam: Justice Tom C. Clark (1976 Tazewell Taylor Visiting Professor), William F. Swindler
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
Book Review Of The Justices Of The United States Supreme Court, William F. Swindler
William & Mary Law Review
No abstract provided.
The Selection Of Federal Judges: The Independent Commission Approach, Hugh Scott
The Selection Of Federal Judges: The Independent Commission Approach, Hugh Scott
William & Mary Law Review
No abstract provided.
Secrecy And The Supreme Court: Judicial Indiscretion And Reconstruction Politics, Peter Fish
Secrecy And The Supreme Court: Judicial Indiscretion And Reconstruction Politics, Peter Fish
William & Mary Law Review
No abstract provided.
Book Review Of Handbook For Judges, Robert T. Armistead
Book Review Of Handbook For Judges, Robert T. Armistead
William & Mary Law Review
No abstract provided.