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Taking Advice Seriously: An Immodest Proposal For Reforming The Confirmation Process, Glenn Harlan Reynolds
Taking Advice Seriously: An Immodest Proposal For Reforming The Confirmation Process, Glenn Harlan Reynolds
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This brief Essay suggests a structural reform to the judicial nomination and confirmation process, designed to reduce the role of partisanship and special interest politicking. Though this proposal is aimed primarily at preventing logjams when the President and Senate are of different parties, it is likely to be beneficial even where that is not the case, to the extent that the opposition party is prone to filibuster nominees.
Book Review, Thomas B. Mcaffee
Book Review, Thomas B. Mcaffee
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Chief Justice Marshall's legendary opinion in Marbury v. Madison has always been the centerpiece of debate over the legitimacy and scope of the power of judicial review. Unsurprisingly, then, Robert Lowry Clinton's thesis that recent arguments about the judicial power reflect a modem revisionism centers on the claim that the famous opinion has been pervasively misunderstood in modem scholarly thought. Clinton's Marbury v. Madison and Judicial Review develops the view that Marbury was written to defend a very limited defensive power of courts to disregard statutes that conflict with constitutional provisions that directly govern the judicial function. The modem view …
International Judicial Assistance, Christopher L. Blakesley
International Judicial Assistance, Christopher L. Blakesley
Scholarly Works
The general or even specialized practitioner faces serious difficulties as the world shrinks and the practice of law frequently transcends international boundaries. In the civil and commercial arena, issues of discovery and service of documents abroad, others relating to judicial assistance from foreign courts, available to American courts or individual litigants, and assistance available from American courts for foreign governments and individual litigants, can be mindboggling. In an age where transnational litigation (that is, domestic litigation that touches upon one or more foreign jurisdictions) is rapidly increasing, counsel could be guilty of malpractice if counsel takes action abroad that proves …