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Articles 61 - 90 of 10848
Full-Text Articles in Entire DC Network
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Neal E. Devins
No abstract provided.
What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins
What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins
Neal E. Devins
No abstract provided.
The Vanishing Common Law Judge, Neal Devins, David Klein
The Vanishing Common Law Judge, Neal Devins, David Klein
Neal E. Devins
The common law style of judging appears to be on its way out. Trial courts rarely shape legal policymaking by asserting decisional autonomy through distinguishing, limiting, or criticizing higher court precedent. In an earlier study, we demonstrated the reluctance of lower court judges to assert decisional autonomy by invoking the holding–dicta dichotomy. In this Article, we make use of original empirical research to study the level of deference U.S. district court judges exhibit toward higher courts and whether the level of deference has changed over time. Our analysis of citation behavior over an eighty-year period reveals a dramatic shift in …
The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz
The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz
Neal E. Devins
No abstract provided.
The Trouble With Jaycees, Neal Devins
The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts
The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts
Neal E. Devins
No abstract provided.
The Rhetoric Of Equality, Neal Devins
The Majoritarian Rehnquist Court?, Neal Devins
The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins
The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins
Neal E. Devins
No abstract provided.
The Judicial Safeguards Of Federalism, Neal Devins
The Judicial Safeguards Of Federalism, Neal Devins
Neal E. Devins
No abstract provided.
The Injustice Of The Death Penalty, Neal Devins, Roy Brasfield Herron
The Injustice Of The Death Penalty, Neal Devins, Roy Brasfield Herron
Neal E. Devins
No abstract provided.
The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash
The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash
Neal E. Devins
Modern Justice Department opinions insist that the executive branch must enforce and defend laws. In the first article to systematically examine Department of Justice refusals to defend, we make four points. First, the duties to enforce and defend lack any sound basis in the Constitution. Hence, while President Obama is right to refuse to defend the Defense of Marriage Act, he is wrong to continue to enforce a law he believes is unconstitutional. Second, rather than being grounded in the Constitution, the duties are better explained by the Department of Justice’s (DOJ) desire to enhance its independence and status. By …
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
Neal E. Devins
No abstract provided.
The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins
The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins
Neal E. Devins
No abstract provided.
The Countermajoritarian Paradox, Neal Devins
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 Civil Rights Hydra, Neal Devins
Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins
Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins
Neal E. Devins
In Revenue Ruling 71-447, the Internal Revenue Service expressly denied tax exemptions to racially discriminatory private schools. The Reagan administration recently challenged the existence of a defined policy prohibiting tax exemptions to these schools as well as the propriety of the IRS's involvement in regulating social policy. President Reagan has called upon Congress to settle the issue by enacting affirmative legislation. Congress, however, has maintained that long-established federal policy supports Revenue Ruling 71-447 and has refused to enact affirmative legislation. In this Article, Mr. Devins examines the conflict between the executive, judicial, and legislative branches of government and argues that …
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.
Should The Supreme Court Fear Congress?, Neal Devins
Should The Supreme Court Fear Congress?, Neal Devins
Neal E. Devins
No abstract provided.
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Neal E. Devins
No abstract provided.
State Regulation Of Christian Schools, Neal Devins
State Regulation Of Christian Schools, Neal Devins
Neal E. Devins
No abstract provided.
Split Definitive, Lawrence Baum, Neal Devins
Split Definitive, Lawrence Baum, Neal Devins
Neal E. Devins
For the first time in a century, the Supreme Court is divided solely by political party.
Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins
Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins
Neal E. Devins
No abstract provided.
School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins
School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, 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.
Reagan Redux: Civil Rights Under Bush, Neal Devins
Reagan Redux: Civil Rights Under Bush, Neal Devins
Neal E. Devins
No abstract provided.
I Love You, Big Brother, Neal Devins
Foreword: Government Lawyering, 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 …