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Constitutional Newspeak: Learning To Love The Affordable Care Act Decision, A. Christopher Bryant
Constitutional Newspeak: Learning To Love The Affordable Care Act Decision, A. Christopher Bryant
Faculty Articles and Other Publications
In his classic dystopian novel, 1984, George Orwell imagines a world in which language is regularly contorted to mean its opposite - as in the waging of war by the Ministry of Peace and infliction of torture by the Ministry of Love. A core claim of Orwell's was that such abuse of language - which in his novel he labeled "Newspeak"-would ultimately channel thought. Whatever the merits of this claim as a theory of linguistics, constitutional developments too recent to be called history demonstrate that as a practical matter Orwell was on to something. The Court's June 28 decision both …
Constitutional Forbearance, A. Christopher Bryant
Constitutional Forbearance, A. Christopher Bryant
Faculty Articles and Other Publications
This essay begins by developing the concept of constitutional forbearance and exploring the role it plays in the craft of good judging. This first Part also illustrates what is meant by constitutional forbearance by recovering a forgotten but illustrative example from a century ago. Part II then argues that the need for forbearance has at present become unusually acute. Finally, in Part III this essay identifies some of the qualities of the Obama care cases that make them such singular opportunities for the exercise of this much needed judicial virtue and answers some anticipated objections to thinking about the cases …
Prudential Standing And The Dormant Commerce Clause: Why The 'Zone Of Interests' Test Should Not Apply To Constitutional Cases, Bradford Mank
Prudential Standing And The Dormant Commerce Clause: Why The 'Zone Of Interests' Test Should Not Apply To Constitutional Cases, Bradford Mank
Faculty Articles and Other Publications
In a unique decision, the Fifth Circuit in National Solid Waste Management Ass'n v. Pine Belt Regional Solid Waste Management Authority (NSWMA) used the prudential zone of interests standing test to bar the plaintiffs, who met constitutional standing requirements, from filing a facial, per se challenge under the dormant Commerce Clause. Six Mississippi counties and cities that are members of the Pine Belt Regional Solid Waste Management Authority (the Authority) had enacted flow control ordinances that required all solid waste collected in their six jurisdictions be sent to the Authority's facilities, and, thus, prohibited the export of waste to alternative, …
Out-Of-State Trash: Solid Waste And The Dormant Commerce Clause, Bradford Mank
Out-Of-State Trash: Solid Waste And The Dormant Commerce Clause, Bradford Mank
Faculty Articles and Other Publications
America faces a garbage crisis. Many cities and states are rapidly depleting their landfill capacity for ordinary municipal solid waste.The "Not In My Back Yard" (NIMBY) syndrome hinders regional and national solutions to the solid waste problem. This Article examines to what extent local communities may exclude solid waste from out-of-state sources without violating the Commerce Clause.