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Prof. Murchison Reviews U.S. Supreme Court Term for Federal Bar in Roanoke

August 22, 2014 Leave a comment

Prof. Brian Murchison

Prof. Brian Murchison

Professor Brian Murchison reviewed the 2013-14 U.S. Supreme Court Term as guest of the Federal Bar Association chapter in Roanoke on August 21, 2014.  This was Murchison’s third annual review for the FBA.    Among the cases he discussed were:  Kaley v. United States (rejecting, as destructive of grand jury independence, an indicted party’s challenge of a pre-trial order freezing assets for legal fees); Riley v. California (deciding that the Fourth Amendment requires police to obtain a warrant to search digital contents of cellphone seized incident to a lawful arrest); NLRB v. Noel Canning (finding that the President’s appointment of agency heads during a three-day Senate adjournment violated the Recess Appointments Clause); Town of Greece v. Galloway (rejecting Establishment Clause challenge to a town council’s practice of allowing sectarian prayer by clergy at the opening of council meetings); and Burwell v. Hobby Lobby, Inc. (finding that HHS regulations imposing ACA’s contraceptive mandate on closely held corporate plaintiffs violated Religious Freedom Restoration Act).  

Prof. Mark Drumbl Teaches at Monash University School of Law

August 14, 2014 Leave a comment
Prof. Mark Drumbl

Prof. Mark Drumbl

Washington and Lee law professor Mark Drumbl was recently appointed Visiting International Fellow at the Monash University School of Law in Melbourne, Australia.  Professor Drumbl taught a course to JD and LLM students titled  ‘Victims, Law, and Mass Atrocity’.    The course explored “the tensions that may inhere between various communities of victims, between victim involvement and due process, and also how narratives of victimization may enfeeble as much as they protect.”

While in Melbourne, Professor Drumbl also presented at the University of Melbourne.

 

New Publications from Prof. Todd Peppers

August 6, 2014 Leave a comment
ToddPeppers

Visiting Professor Todd Peppers

Visiting professor Todd Peppers has completed a number of new scholarly works this summer addressing the role of Supreme Court law clerks.

Professor Peppers authored two essays entitled “Form Your Battalions and Fight: The Story of Justice Holmes, His Law Clerks, and Saucy French Novels” and“The Care and Feeding of Justice Oliver Wendell Holmes, Jr.” will be published in Supreme Court Historical Society Quarterly.  These writings draw on the personal papers of Justice Holmes, and examine different aspects of the professional and personal relationships that Justice Holmes had with his law clerks.

“Surgeons or Scribes? The Role of United States Court of Appeals Law Clerks in “Appellate Triage”, co-authored with Bridget Tainer-Parkins, will be published later this year by the Marquette Law Review as part of a symposium issue on law clerks.  The essay examines how Court of Appeals judges select and utilize their law clerks, and it is based on original survey data of Court of Appeals judges.

The co-authored article “The Mysterious Decline of En Banc Review in the U.S. Courts Of Appeals” will appear in the Justice System Journal.  Using original data, the paper tests hypotheses as to why circuit courts decide to grant en banc review.

Lastly, Professor Peppers is co-editor of a forthcoming book published by the University of VirginiaPress.  The book is a collection of essays written by former law clerks, judicial biographers and social scientists.  The essays explore the hiring and employment of Supreme Court law clerks, as well as the personal bonds which form between law clerks and their justices.   The introduction of the book is written by former Supreme Court Justice John Paul Stevens.

Prof. Jost publishes in New England Journal of Medicine

August 4, 2014 Leave a comment
Prof. Tim Jost

Prof. Tim Jost

Washington and Lee law professor Timothy Jost has published an article in the New England Journal of Medicine titled, Subsidies and the Survival of the ACA — Divided Decisions on Premium Tax Credits.  The article was online published on July 30, 2014.

An excerpt:

In rapid succession on July 22, two federal courts of appeal reached opposite conclusions on the single most important outstanding legal issue affecting the Affordable Care Act (ACA): whether the federally facilitated insurance exchanges that serve two thirds of the states can grant premium tax credits to individuals purchasing health insurance plans.

Professor Jost frequently publishes in the New England Journal of Medicine.  Additional articles may be found here.

 

Prof. Shannon interviewed by Legal Funding Central

August 4, 2014 Leave a comment
Prof. Victoria Shannon

Prof. Victoria Shannon

Washington and Lee law professor Victoria Shannon was interviewed earlier this summer by Legal Funding Central, a litigation funding broker for their blog LFC360.  The blog features writings about legal funding through news, informational guides, and resources.

Professor Shannon was interviewed as an expert on the topic of legal funding laws in the United States and abroad.  The article appeared on LFC360 on July 31, 2014:  Victoria Shannon Discusses The State of the Legal Funding Industry at Home and in International Arbitration.

W&L Law Hosts Tax Roundtable

July 23, 2014 Leave a comment

On July 22-23, Washington and Lee School of Law hosted a round table discussion of tax professors from the mid-Atlantic region. Professors from area law schools presented works-in-progress for comment and critique.

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Participants included, Eric Chason (William and Mary), Michael Doran (University of Virginia), Michelle Drumbl (W&L), Brant Hellwig (W&L), Ruth Mason (University of Virginia), Gregg Polsky (University of North Carolina), and Ethan Yale (University of Virginia).

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The event was sponsored by the Frances Lewis Law Center at W&L.

 

Prof. Calhoun’s Article on Lewis Powell Makes SSRN Top 10 Lists

July 15, 2014 Leave a comment
Sam Calhoun

Prof. Sam Calhoun

A recent article by Washington and Lee law professor Sam Calhoun has made the top-ten download list of several SSRN ejournals. The article, titled “Justice Lewis F. Powell’s Baffling Vote in Roe v. Wade,” explores Justice Powell’s vote with the majority in Roe v. Wade. Prof. Calhoun wrote the article for presentation at “Roe at 40 – The Controversy Continues,” a symposium hosted at W&L Law this fall.

The piece builds upon the unissued 1970 abortion opinion of Judge Henry J. Friendly, who, although personally pro-choice, concluded that the Fourteenth Amendment does not require abortion freedom. The article also presents research from the Powell Archives at Washington and Lee University School of Law. Here’s more from the abstract:

On its face, Powell’s Roe vote is perplexing due to its inconsistency with his stated philosophy of judicial restraint. Various explanations have been offered, including arguments that a constitutionally protected abortion right is justified (1) as a logical extension of Griswold v. Connecticut, which accorded privacy protection to contraceptive use within marriage; (2) by its “appeal to the future,” i.e., Roe merely expedited the result the country was already steadily approaching; and (3) by empathy for women facing unwanted pregnancies. None of these justifications satisfactorily aligns with Powell’s view of the judicial role. His vote therefore remains baffling.

Justice Powell’s deviation from his own declared principles of restraint is particularly problematic in the context of abortion, perhaps the most intractable legal, religious, moral, and public policy controversy of the last century. Not only did Roe, through an unjustifiably expansive conception of the judicial function, disarm one side politically in this hotly contested dispute, but in doing so the Court also endorsed the other side’s position in the underlying moral debate. Powell’s vote therefore regrettably, but unavoidably, tarnishes his legacy as a proponent of restraint.

Since being posted to SSRN, the article as appeared on a number of top-ten download lists, including for the following eJournals: LSN: Judges (Courts) (Topic); Law & Society: Family Law, Relations & Dispute Resolution; Women, Gender & the Law; LSN: Reproductive Rights (Topic); and Reproductive Justice, Law & Policy. The full article is available for download from SSRN.

 

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