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Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum Sep 2019

Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum

Neal E. Devins

No abstract provided.


Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins Sep 2019

Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins

Neal E. Devins

With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation ...


What Standards Apply When Freedoms Collide?, Neal Devins Sep 2019

What Standards Apply When Freedoms Collide?, Neal Devins

Neal E. Devins

No abstract provided.


What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins Sep 2019

What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins

Neal E. Devins

No abstract provided.


The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins Sep 2019

The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins

Neal E. Devins

No abstract provided.


The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins Sep 2019

The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins

Neal E. Devins

No abstract provided.


The Amicus Machine, Allison Orr Larsen, Neal Devins Sep 2019

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 ...


Social Meaning And School Vouchers, Neal Devins Sep 2019

Social Meaning And School Vouchers, Neal Devins

Neal E. Devins

No abstract provided.


Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins Sep 2019

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

Neal E. Devins

No abstract provided.


Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins Sep 2019

Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins

Neal E. Devins

No abstract provided.


The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove Sep 2019

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 ...


Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick Sep 2019

Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick

Timothy Zick

No abstract provided.


Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin Sep 2019

Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin

Jennifer R. Franklin

No abstract provided.


How Merrick Garland Could Help Heal America, Jeffrey Bellin Sep 2019

How Merrick Garland Could Help Heal America, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


Correspondence: The Stuff Of Constitutional Law, Neal Devins Sep 2019

Correspondence: The Stuff Of Constitutional Law, Neal Devins

Neal E. Devins

No abstract provided.


Government Lawyers And The New Deal, Neal Devins Sep 2019

Government Lawyers And The New Deal, Neal Devins

Neal E. Devins

No abstract provided.


How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins Sep 2019

How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins

Neal E. Devins

No abstract provided.


Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins Sep 2019

Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins

Neal E. Devins

No abstract provided.


Better Lucky Than Good, Neal Devins Sep 2019

Better Lucky Than Good, Neal Devins

Neal E. Devins

No abstract provided.


Associations' Freedom V. Freedom Of Association: Another Look At All-Male Clubs, Neal Devins Sep 2019

Associations' Freedom V. Freedom Of Association: Another Look At All-Male Clubs, Neal Devins

Neal E. Devins

No abstract provided.


Are Residential Quotas Constitutional?, Neal Devins Sep 2019

Are Residential Quotas Constitutional?, Neal Devins

Neal E. Devins

No abstract provided.


Book Review Of The Second American Revolution, Neal Devins Sep 2019

Book Review Of The Second American Revolution, Neal Devins

Neal E. Devins

No abstract provided.


The Amicus Machine, Allison Orr Larsen, Neal Devins Sep 2019

The Amicus Machine, Allison Orr Larsen, Neal Devins

Allison Orr Larsen

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 ...


Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins Sep 2019

Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins

Allison Orr Larsen

No abstract provided.


Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen Sep 2019

Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen

Allison Orr Larsen

No abstract provided.


The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber Aug 2019

The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber

Daniel A Farber

At the end of the summer of 1787, the Philadelphia Convention issued two documents. One was the Constitution itself. The other document, now almost forgotten even by constitutional historians, was an official letter to Congress, signed by George Washington on behalf of the Convention. Congress responded with a resolution that the Constitution and "letter accompanying the same" be sent to the state legislatures for submission to conventions in each state.

The Washington letter lacks the detail and depth of some other evidence of original intent. Being a cover letter, it was designed only to introduce the accompanying document rather than ...


Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper Aug 2019

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Jesse H Choper

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the ...


Three Vital Issues: Incorporation Of The Second Amendment, Federal Government Power, And Separation Of Powers - October 2009 Term, Michael C. Dorf, Erwin Chemerinsky Jun 2017

Three Vital Issues: Incorporation Of The Second Amendment, Federal Government Power, And Separation Of Powers - October 2009 Term, Michael C. Dorf, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Categories, Tiers Of Review, And The Roiling Sea Of Free Speech Doctrine And Principle: A Methodological Critique Of United States V. Alvarez, Rodney A. Smolla Jul 2015

Categories, Tiers Of Review, And The Roiling Sea Of Free Speech Doctrine And Principle: A Methodological Critique Of United States V. Alvarez, Rodney A. Smolla

Rod Smolla

None available.


The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken Jun 2015

The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken

Samuel R. Olken

In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and ...