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Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins Sep 2019

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 Sep 2019

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 Sep 2019

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 Sep 2019

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 Sep 2019

The Trouble With Jaycees, Neal Devins

Neal E. Devins

No abstract provided.


The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts Sep 2019

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 Sep 2019

The Rhetoric Of Equality, Neal Devins

Neal E. Devins

No abstract provided.


The Majoritarian Rehnquist Court?, Neal Devins Sep 2019

The Majoritarian Rehnquist Court?, Neal Devins

Neal E. Devins

No abstract provided.


The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins Sep 2019

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 Sep 2019

The Judicial Safeguards Of Federalism, Neal Devins

Neal E. Devins

No abstract provided.


The Injustice Of The Death Penalty, Neal Devins, Roy Brasfield Herron Sep 2019

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 Sep 2019

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 Sep 2019

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 Sep 2019

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 Sep 2019

The Countermajoritarian Paradox, 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 Civil Rights Hydra, Neal Devins Sep 2019

The Civil Rights Hydra, Neal Devins

Neal E. Devins

No abstract provided.


Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins Sep 2019

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 Sep 2019

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 Sep 2019

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 Sep 2019

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 Sep 2019

State Regulation Of Christian Schools, Neal Devins

Neal E. Devins

No abstract provided.


Split Definitive, Lawrence Baum, Neal Devins Sep 2019

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 Sep 2019

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 Sep 2019

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 Sep 2019

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 Sep 2019

Reagan Redux: Civil Rights Under Bush, Neal Devins

Neal E. Devins

No abstract provided.


I Love You, Big Brother, Neal Devins Sep 2019

I Love You, Big Brother, Neal Devins

Neal E. Devins

No abstract provided.


Foreword: Government Lawyering, Neal Devins Sep 2019

Foreword: Government Lawyering, Neal Devins

Neal E. Devins

No abstract provided.


Fifty States, Fifty Attorneys General, And Fifty Approaches To The Duty To Defend, Neal Devins, Saikrishna B. Prakash Sep 2019

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 …