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Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl
Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
The Supreme Court's Legitimacy Dilemma, Tara Leigh Grove
The Supreme Court's Legitimacy Dilemma, Tara Leigh Grove
Faculty Publications
No abstract provided.
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Faculty Publications
Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims. …
A (Modest) Separation Of Powers Success Story, Tara Leigh Grove
A (Modest) Separation Of Powers Success Story, Tara Leigh Grove
Faculty Publications
No abstract provided.
Constitutional Avoidance And The Roberts Court, Neal Devins
Constitutional Avoidance And The Roberts Court, Neal Devins
Faculty Publications
No abstract provided.
Should The Supreme Court Fear Congress?, Neal Devins
Should The Supreme Court Fear Congress?, Neal Devins
Faculty Publications
No abstract provided.
Rhetorically Reasonable Police Practices: Viewing The Supreme Court's Multiple Discourse Paths, Kathryn R. Urbonya
Rhetorically Reasonable Police Practices: Viewing The Supreme Court's Multiple Discourse Paths, Kathryn R. Urbonya
Faculty Publications
This Article analyzes the United States Supreme Court's numerous and shifting rhetorical discourse paths for declaring whether particular governmental practices constituted unreasonable searches or seizures under the Fourth Amendment to the United States Constitution. It examines how the Court has manipulated classic discourse paths arising from text, history, precedent and structure. It reveals that among and within each of these categories, the Court has created conflicting approaches. The Article argues that the Court's construction of Fourth Amendment reasonableness has depended upon which discourse paths it has selected as well as how it has characterized the values embedded within the discourse …
Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick
Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick
Faculty Publications
No abstract provided.
I Love You, Big Brother, Neal Devins
Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher
Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher
Faculty Publications
No abstract provided.
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Faculty Publications
No abstract provided.
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
Faculty Publications
No abstract provided.
Compensatory Contempt To Collect Money, Doug R. Rendleman
Compensatory Contempt To Collect Money, Doug R. Rendleman
Faculty Publications
No abstract provided.
A Comparison Of Executive And Judicial Powers Under The Constitutions Of Argentina And The United States, Alexander W. Weddell
A Comparison Of Executive And Judicial Powers Under The Constitutions Of Argentina And The United States, Alexander W. Weddell
James Goold Cutler Lecture
No abstract provided.