Emory Law Journal

Volume 61Issue 1
Articles

Agencies Interpreting Courts Interpreting Statutes: The Deference Conundrum of a Divided Supreme Court

Robin Kundis Craig | 61 Emory L.J. 1 (2011)

Plurality decisions from the U.S. Supreme Court demand interpretation, especially because they tend to occur when the Court faces important but divisive legal issues. Most courts, agencies, and scholars have assumed that federal agencies are in no better position to interpret plurality decisions than the lower federal courts when confronted with a potentially precedential Supreme Court plurality decision—the agency must construe the Justices—various opinions in search of a controlling rationale.

Read More »

Police Mistakes of Law

Wayne A. Logan | 61 Emory L.J. 69 (2011)

This Article addresses something that most Americans would consider a constitutional impossibility: police officers stopping or arresting individuals for lawful behavior and courts deeming such seizures reasonable for Fourth Amendment purposes, thereby precluding application of the exclusionary rule.

Read More »