Law Professor Examines the Concept and Use of Term 'Settled Law'

University Relations

Alex Nunn

FAYETTEVILLE, Ark. – Alex Nunn, assistant professor at the University of Arkansas School of Law, published his latest work, "Settled Law," in the Virginia Law Review this March. According to the U.S. News and World Report ranking, the Virginia Law Review consistently appears in the top-10 law reviews in the country.

The article, written in collaboration with Alan Trammell, former University of Arkansas law professor, examines the concept and use of the term 'settled law.' The term is widely used in judicial opinions — in the confirmation process for judges and as part of legal doctrine. Its extensive yet contradictory use, however, has caused the term to become almost inconsequential.

Nunn and Trammell contend that the broad idea of the term can still be useful if it is properly defined and understood. After examining different types of 'settled law,' they have created a new definitional framework where the term can still be used meaningfully. The law professors state that this will make doctrinal arguments clearer and improve communication between parties that invoke the idea of 'settled law,' especially in the confirmation of judges.

Nunn joined the law school in 2018 and is a nationally recognized scholar in evidence law. He is also a two-time recipient of the Lewis E. Epley Jr. Professor of the Year Award for Excellence in Teaching. His scholarship has also been featured in the Texas Law Review, Cornell Law Review, Vanderbilt Law Review, Emory Law Journal, and the peer-reviewed International Journal of Evidence and Proof.

Nunn currently serves as the co-host of Excited Utterance, a podcast focusing on scholarship in evidence and proof. He is also a member of the executive committee for the AALS evidence section and the programming committee for the Evidence Summer Workshop.

About the University of Arkansas: As Arkansas' flagship institution, the U of A provides an internationally competitive education in more than 200 academic programs. Founded in 1871, the U of A contributes more than $2.2 billion to Arkansas' economy through the teaching of new knowledge and skills, entrepreneurship and job development, discovery through research and creative activity while also providing training for professional disciplines. The Carnegie Foundation classifies the U of A among the top 3% of U.S. colleges and universities with the highest level of research activity. U.S. News & World Report ranks the U of A among the top public universities in the nation. See how the U of A works to build a better world at Arkansas Research News.