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A Scapegoat Theory Of Bivens, Katherine Mims Crocker
A Scapegoat Theory Of Bivens, Katherine Mims Crocker
Faculty Publications
Some scapegoats are innocent. Some warrant blame, but not the amount they are made to bear. Either way, scapegoating can allow in-groups to sidestep social problems by casting blame onto out-groups instead of confronting such problems--and the in-groups' complicity in perpetuating them--directly.
This Essay suggests that it may be productive to view the Bivens regime's rise as countering various exercises in scapegoating and its retrenchment as constituting an exercise in scapegoating. The earlier cases can be seen as responding to social structures that have scapegoated racial, economic, and other groups through overaggressive policing, mass incarceration, and inequitable government conduct more …
The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove
The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove
Faculty Publications
Scholars have long debated Congress’s power to curb federal jurisdiction and have consistently assumed that the constitutional limits on Congress’s authority (if any) must be judicially enforceable and found in the text and structure of Article III. In this Article, I challenge that fundamental assumption. I argue that the primary constitutional protection for the federal judiciary lies instead in the bicameralism and presentment requirements of Article I. These Article I lawmaking procedures give competing political factions (even political minorities) considerable power to “veto” legislation. Drawing on recent social science and legal scholarship, I argue that political factions are particularly likely …
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
Faculty Publications
No abstract provided.
The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler
The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler
Faculty Publications
No abstract provided.
The Court, The Constitution, And Chief Justice Burger, William F. Swindler
The Court, The Constitution, And Chief Justice Burger, William F. Swindler
Faculty Publications
No abstract provided.
Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii
Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
Fifty-One Chief Justices, William F. Swindler
Fifty-One Chief Justices, William F. Swindler
Faculty Publications
No abstract provided.
The Chief Justice And Law Reform, 1921-1971, William F. Swindler
The Chief Justice And Law Reform, 1921-1971, William F. Swindler
Faculty Publications
No abstract provided.
The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler
The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler
Faculty Publications
No abstract provided.
The Supreme Court, The President And Congress, William F. Swindler
The Supreme Court, The President And Congress, William F. Swindler
Faculty Publications
No abstract provided.