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Articles 31 - 60 of 3483
Full-Text Articles in Entire DC Network
The Amicus Machine, Allison Orr Larsen, Neal Devins
The Amicus Machine, Allison Orr Larsen, Neal Devins
Neal E. Devins
The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …
The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken
The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken
Neal E. Devins
No abstract provided.
The Constitution Between Friends, Neal Devins
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins
Neal E. Devins
No abstract provided.
Signing Statements And Divided Government, Neal Devins
Signing Statements And Divided Government, Neal Devins
Neal E. Devins
No abstract provided.
Should The Supreme Court Fear Congress?, Neal Devins
Should The Supreme Court Fear Congress?, Neal Devins
Neal E. Devins
No abstract provided.
Social Meaning And School Vouchers, Neal Devins
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Neal E. Devins
No abstract provided.
Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins
Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins
Neal E. Devins
No abstract provided.
Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, And The Consequences Of Returning The Constitution To Elected Government, Neal Devins
Neal E. Devins
No abstract provided.
N.H. Bar's Residency Requirement Faces A Constitutional Challenge, Neal Devins
N.H. Bar's Residency Requirement Faces A Constitutional Challenge, Neal Devins
Neal E. Devins
No abstract provided.
Fighting For The Fourth "R", Neal Devins
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Neal E. Devins
No abstract provided.
I Love You, Big Brother, Neal Devins
Fifty States, Fifty Attorneys General, And Fifty Approaches To The Duty To Defend, Neal Devins, Saikrishna B. Prakash
Fifty States, Fifty Attorneys General, And Fifty Approaches To The Duty To Defend, Neal Devins, Saikrishna B. Prakash
Neal E. Devins
Whether a state attorney general has a duty to defend the validity of state law is a complicated question, one that cannot be decided by reference either to the oath state officers must take to support the federal Constitution or the supremacy of federal law. Instead, whether a state attorney general must defend state law turns on her own state’s laws. Each state has its own constitution, statutes, bar rules, and traditions, and not surprisingly, the duties of attorneys general vary across the states. To simplify somewhat, we believe that there are three types of duties. One set of attorneys …
First Amendment Under Fire: Racial Justice And Hate Speech, Neal Devins, Wornie Reed, Susan Herman, Alex Tsesis
First Amendment Under Fire: Racial Justice And Hate Speech, Neal Devins, Wornie Reed, Susan Herman, Alex Tsesis
Neal E. Devins
No abstract provided.
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Neal E. Devins
No abstract provided.
How Successfully Can The States' Item Veto Be Transferred To The President?, Louis Fisher, Neal Devins
How Successfully Can The States' Item Veto Be Transferred To The President?, Louis Fisher, Neal Devins
Neal E. Devins
No abstract provided.
Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove
Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove
Tara L. Grove
No abstract provided.
The Lost History Of The Political Question Doctrine, Tara Leigh Grove
The Lost History Of The Political Question Doctrine, Tara Leigh Grove
Tara L. Grove
This Article challenges the conventional narrative about the political question doctrine. Scholars commonly assert that the doctrine, which instructs that certain constitutional questions are “committed” to Congress or to the executive branch, has been part of our constitutional system since the early nineteenth century. Furthermore, scholars argue that the doctrine is at odds with the current Supreme Court’s view of itself as the “supreme expositor” of all constitutional questions. This Article calls into question both claims. The Article demonstrates, first, that the current political question doctrine does not have the historical pedigree that scholars attribute to it. In the nineteenth …
When Can A State Sue The United States?, Tara Leigh Grove
When Can A State Sue The United States?, Tara Leigh Grove
Tara L. Grove
State suits against the federal government are on the rise. From Massachusetts’ challenge to federal environmental policy, to Oregon’s confrontation over physician-assisted suicide, to Texas’s suit over the Obama administration’s immigration program, States increasingly go to court to express their disagreement with federal policy. This Article offers a new theory of state standing that seeks to explain when a State may sue the United States. I argue that States have broad standing to sue the federal government to protect state law. Accordingly, a State may challenge federal statutes or regulations that preempt, or otherwise undermine the continued enforceability of, state …
The Supreme Court's Legitimacy Dilemma, Tara Leigh Grove
The Supreme Court's Legitimacy Dilemma, Tara Leigh Grove
Tara L. Grove
No abstract provided.
The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove
The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove
Tara L. Grove
Scholars have long treated the Exceptions Clause of Article III as a serious threat to the Supreme Court’s central constitutional function: establishing definitive and uniform rules of federal law. This Article argues that scholars have overlooked an important function of the Clause. Congress has repeatedly used its broad “exceptions power” to facilitate, not to undermine, the Supreme Court’s constitutional role. Drawing on insights from social science, this Article asserts that Congress has an incentive to use its control over federal jurisdiction to promote the Court’s role in settling disputed federal questions. Notably, this argument has considerable historical support. When the …
The Article Ii Safeguards Of Federal Jurisdiction, Tara Leigh Grove
The Article Ii Safeguards Of Federal Jurisdiction, Tara Leigh Grove
Tara L. Grove
Jurisdiction stripping has long been treated as a battle between Congress and the federal judiciary. Scholars have thus overlooked the important (and surprising) role that the executive branch has played in these jurisdictional struggles. This Article seeks to fill that void. Drawing on two strands of social science research, the Article argues that the executive branch has a strong incentive to use its constitutional authority over the enactment and enforcement of federal law to oppose jurisdiction-stripping measures. Notably, this structural argument has considerable historical support. The executive branch has repeatedly opposed jurisdiction-stripping proposals in Congress. That has been true even …
Takings Clause, Tara Leigh Grove
Standing As An Article Ii Nondelegation Doctrine, Tara Leigh Grove
Standing As An Article Ii Nondelegation Doctrine, Tara Leigh Grove
Tara L. Grove
No abstract provided.
Supreme Court Preview 2014-2015: Moot Court, Neal Devins, Michael Scodro, Andrew Pincus, Joan Biskupic, Garrett Epps, Irving Gornstein, Tara Leigh Grove, Allison Orr Larsen, Dahlia Lithwick, Erin E. Murphy, David Savage, Richard Wolf
Supreme Court Preview 2014-2015: Moot Court, Neal Devins, Michael Scodro, Andrew Pincus, Joan Biskupic, Garrett Epps, Irving Gornstein, Tara Leigh Grove, Allison Orr Larsen, Dahlia Lithwick, Erin E. Murphy, David Savage, Richard Wolf
Tara L. Grove
No abstract provided.
Standing Outside Article Iii, Tara Leigh Grove
Standing Outside Article Iii, Tara Leigh Grove
Tara L. Grove
The U.S. Supreme Court has insisted that standing doctrine is a “bedrock” requirement only of Article III. Accordingly, both jurists and scholars have assumed that the standing of the executive branch and the legislature, like that of other parties, depends solely on Article III. But I argue that these commentators have overlooked a basic constitutional principle: federal institutions must have affirmative authority for their actions, including the power to bring suit or appeal in federal court. Article III defines the federal “judicial Power” and does not purport to confer any authority on the executive branch or the legislature. Executive and …
Justice Scalia's Other Standing Legacy, Tara Leigh Grove
Justice Scalia's Other Standing Legacy, Tara Leigh Grove
Tara L. Grove
No abstract provided.
A (Modest) Separation Of Powers Success Story, Tara Leigh Grove
A (Modest) Separation Of Powers Success Story, Tara Leigh Grove
Tara L. Grove
No abstract provided.