ONLINE EDITION
On Lenity: What Justice Gorsuch Didn’t Say
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War …
A Corpus Linguistic Analysis of “Foreign Tribunal”
In March, the United States Supreme Court heard a case involving the issue of whether a private arbitration panel in another country is covered by the statutory phrase “foreign or international tribunal.” The statutory language, enacted in 1964, …
Antideference: COVID, Climate, and the Rise of the Major Questions Canon
Skepticism on the Supreme Court toward administrative authority has evolved into open hostility over the course of the past year in two cases related to the COVID-19 pandemic. The legal vehicle was not, as widely expected, rejection of Chevron’s …
ANNOUNCEMENTS
Call for Submissions for Virginia Law Review Online Annual Symposium
October 2022 Notes Pool
Call for Submissions for Third Annual Student Essay Competition
Recently re-read @TonjaJacobi’s @VirginiaLawRev paper “Justice, Interrupted…” which puts data on this unfortunate phenomenon https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2933016 https://twitter.com/marinklevy/status/1577100056905150464
41 years ago this week, Justice O'Connor asked her very first question at oral argument.
She waited until counsel for Respondents was up in a case called Watt v. Energy Action Ed. Foundation.
"Mr. Silard, may I ask you –"
She was promptly cut off . . .
VLR is a signatory to the Joint Law Review Statement on Data and Code Transparency. This statement commits VLR to publication of all data and code used in empirical legal scholarship (with limited appropriate exemptions). See the following link for more. https://docs.google.com/document/d/1BU4tzp_2P-8rm5tG1-35lVLEAqxf7ve9i9SCrxhh1DI/edit?usp=sharing.
When Doriane Nguenang ’21 immigrated to the U.S. from Cameroon, she was surprised to hear about discrimination over Black hairstyles. She joins @cathyhwang47 and @RisaGoluboff to discuss her @VirginiaLawRev paper on the topic. https://soundcloud.com/commonlawuva/s4-e9-the-legal-battle-over-black-hair-and-protective-hairstyles
TOMORROW: @lsepper presents her article "Government’s Religious Hospitals" (with @ProfJDNelson, forthcoming in @VirginiaLawRev) at @kulawschool.
Excited to participate in the @UMichLaw Governance Workshop today, discussing @danieltdeacon & @LeahLitman's draft paper The New Major Questions Doctrine (@VirginiaLawRev forth'g): https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4165724