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Remaking the United States Supreme Court in the Courts' of Appeals Image
(Duke Law Journal, 2009)
We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decision making, and retaining an en banc procedure ...
"The Threes"
(Vanderbilt Law Review, 2008)
Law school professors control the production of lawyers and influence the evolution of law. Understanding who is hired as a tenure-track law professor is of clear importance to debates about the state of legal education ...
The Federal Court System
(Saint Louis University Law Journal, 2003)
We applaud Professor Merrill's bold and noteworthy effort to engage in a dialogue with political scientists who study the Supreme Court. He navigates a substantial body of social science scholarship largely ignored by legal ...
How to Save the Supreme Court
(Yale Law Journal, 2019)
The consequences of Justice Brett Kavanaugh’s Supreme Court confirmation are seismic. Justice Kavanaugh, replacing Justice Anthony Kennedy, completes a new conservative majority and represents a stunning Republican victory ...
The Enacted Purposes Canon
(Iowa Law Review, 2019)
This Article argues that the principle relied upon in King v. Burwell that courts "cannot interpret statutes to negate their stated purposes"-the enacted purposes canon-is and should be viewed as a bedrock element of ...