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Neal Devins

William & Mary Law School

Goodrich Professor of Law, Professor of Government, Director, Institute of Bill of Rights Law and Director, Election Law Program

South Henry Street

P.O. Box 8795

Williamsburg, VA 23187-8795

United States

  • William & Mary Law School

    • Email
    • Tel: 757-221-3845
    • Fax: 757-221-3261
SCHOLARLY PAPERS

17

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5,646

CITATIONS

1

Scholarly Papers (17)

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1.

Split Definitive: How Party Polarization Turned the Supreme Court into a Partisan Court

Supreme Court Review, Forthcoming
Number of pages: 66 Posted: 03 May 2014 Last Revised: 31 Jan 2017
Neal Devins and Lawrence Baum
William & Mary Law School and Ohio State University (OSU) - Department of Political Science
Downloads 984 (7,558)

Abstract:

Supreme Court, law & psychology, law & politics, law & society

2.

'Ideology' or 'Situation Sense'? An Experimental Investigation of Motivated Reasoning and Professional Judgment

University of Pennsylvania Law Review, Vol. 64, 2016, Temple University Legal Studies Research Paper No. 2015-26
Number of pages: 92 Posted: 22 Apr 2015 Last Revised: 19 Feb 2016
Dan M. Kahan, David A. Hoffman, Danieli Evans, Neal Devins, Eugene A. Lucci and Katherine Cheng
Yale University - Law School, University of Pennsylvania Law School, Yale Law School, William & Mary Law School, Government of the State of Ohio - Court of Common Pleas and Cultural Cognition Lab, Yale Law School
Downloads 727 (12,078)

Abstract:

motivated reasoning, judicial decisionmaking, ideology, professional judgment

3.

Can We Make the Constitution More Democratic?

Drake Law Review, Vol. 55, No. 4, pp. 971-1000, Summer 2007, George Mason Law & Economics Research Paper No. 07-28, Symposium on 'Our Undemocratic Constitution'
Number of pages: 31 Posted: 25 Aug 2007 Last Revised: 16 Sep 2008
Ilya Somin and Neal Devins
George Mason University - Antonin Scalia Law School, Faculty and William & Mary Law School
Downloads 382 (56,423)
Citation 1

Abstract:

Constitution, democratic, reform, deliberative democracy, political knowledge, political ignorance, constitutional change

4.

How 'Planned Parenthood v. Casey' (Pretty Much) Settled the Abortion Wars

Yale Law Journal, Vol. 118, p. 1318, 2009, William & Mary Law School Research Paper No. 9-18
Number of pages: 38 Posted: 26 Sep 2009
Neal Devins
William & Mary Law School
Downloads 223 (101,154)

Abstract:

abortion, state politics, supreme court

5.

The Indefensible Duty to Defend

Columbia Law Review, Vol. 112, No. 507, 2012, Virginia Public Law and Legal Theory Research Paper No. 2012-17
Number of pages: 67 Posted: 20 Feb 2012 Last Revised: 23 Oct 2016
Saikrishna Prakash and Neal Devins
University of Virginia School of Law and William & Mary Law School
Downloads 177 (125,325)

Abstract:

Duty to defend, Duty to execute, DOMA, Obama, Holder, Office of Legal Counsel, Department of Justice, Office of the Solicitor General, Bureaucratic Theory, DOJ independence

6.

Congress's (Limited) Power to Represent Itself in Court

Cornell Law Review, Vol. 99, (2014 Forthcoming), William & Mary Law School Research Paper No. 09-253
Number of pages: 63 Posted: 23 Aug 2013 Last Revised: 22 Mar 2014
Tara Leigh Grove and Neal Devins
William & Mary Law School and William & Mary Law School
Downloads 162 (125,325)

Abstract:

Congress, separation of powers, House counsel, Senate counsel, duty to defend

7.

Dicta, Schmicta: Theory Versus Practice in Lower Court Decision Making

William & Mary Law Review, Vol. 54, No. 6, 2013
Number of pages: 34 Posted: 19 Apr 2013
David Klein and Neal Devins
affiliation not provided to SSRN and William & Mary Law School
Downloads 92 (212,681)

Abstract:

judicial decision making, precedent, dicta, legal theory, empirical legal studies, lower courts, common law

8.

Reverse Advisory Opinions

University of Chicago Law Review, Vol. 80, No. 859, 2012
Number of pages: 36 Posted: 09 Dec 2012 Last Revised: 23 Oct 2016
Neal Devins and Saikrishna Prakash
William & Mary Law School and University of Virginia School of Law
Downloads 60 (283,336)

Abstract:

9.

Why Congress Does Not Challenge Judicial Supremacy

William & Mary Law Review, Forthcoming
Number of pages: 55 Posted: 24 Jan 2017
Neal Devins
William & Mary Law School
Downloads 0 (274,445)

Abstract:

Congress, Supreme Court, polarization, judicial supremacy

10.

The Vanishing Common Law Judge?

University of Pennsylvania Law Review, Forthcoming
Number of pages: 38 Posted: 17 Mar 2016
Neal Devins and David Klein
William & Mary Law School and affiliation not provided to SSRN
Downloads 0 (144,018)

Abstract:

courts, federal courts, common law, judging, precedent

11.

The Amicus Machine

Virginia Law Review, Vol. 102
Number of pages: 70 Posted: 07 Mar 2016 Last Revised: 16 Nov 2016
Alli Orr Larsen and Neal Devins
William & Mary Law School and William & Mary Law School
Downloads 0 (16,075)

Abstract:

amicus, Supreme Court, advocate, brief, Supreme Court bar

12.

Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, and the Consequences of Returning the Constitution to Elected Government

Vanderbilt Law Review (2016)
Number of pages: 57 Posted: 27 Feb 2016 Last Revised: 11 Aug 2016
Neal Devins
William & Mary Law School
Downloads 0 (167,940)

Abstract:

constitution, abortion, polarization, courts, judicial minimalism

13.

Fifty States, Fifty Attorneys General, and Fifty Approaches to the Duty to Defend

Yale Law Journal, Vol. 124, 2015
Number of pages: 89 Posted: 08 Oct 2015
Neal Devins and Saikrishna Prakash
William & Mary Law School and University of Virginia School of Law
Downloads 0 (242,859)

Abstract:

Attourneys General, duty to defend, same sex marriage

14.

Congress and the Constitution

Posted: 06 Jul 2005
Neal Devins and Keith E. Whittington
William & Mary Law School and Princeton University - Department of Political Science

Abstract:

Congress, constitution outside the courts, judicial review, extrajudicial

15.

Bearing False Witness: The Clinton Impeachment and the Future of Academic Freedom

University of Pennsylvania Law Review
Posted: 29 Oct 1999
Neal Devins
William & Mary Law School

Abstract:

16.

The Battle that Never Was: Congress, the White House, and Agency Litigation Authority

Law & Contemporary Problems, Vol. 61, P. 205, Winter 1998
Posted: 14 May 1999
Neal Devins and Michael Herz
William & Mary Law School and Yeshiva University - Benjamin N. Cardozo School of Law

Abstract:

17.

Symposium, The Government Attorney

Law and Contemporary Problems, Vol. 61, No. 2, 1998.
Posted: 07 Sep 1998
Neal Devins
William & Mary Law School

Abstract:

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