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Full-Text Articles in Law
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
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 in the …
The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins
The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins
Neal E. Devins
No abstract provided.
The D'Oh! Of Popular Constiutitonalism, Neal Devins
The D'Oh! Of Popular Constiutitonalism, Neal Devins
Neal E. Devins
No abstract provided.
The Amicus Machine, Allison Orr Larsen, Neal Devins
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 But that story is incomplete and outdated.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. …
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.
Social Meaning And School Vouchers, Neal Devins
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Neal E. Devins
No abstract provided.
The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove
The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove
Tara L. Grove
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 Structural Case For Vertical Maximalism, Tara Leigh Grove
The Structural Case For Vertical Maximalism, Tara Leigh Grove
Tara L. Grove
Many prominent jurists and scholars, including those with outlooks as diverse as Chief Justice John Roberts and Cass Sunstein, have recently advocated a “minimalist” approach to opinion writing at the Supreme Court. They assert that the Court should issue narrow, fact-bound decisions that do not resolve much beyond the case before it. I argue that minimalism, as employed by the current Supreme Court, is in tension with the structure of the Constitution. Article III and the Supremacy Clause, along with historical evidence from the Founding Era, suggest that the Constitution creates a hierarchical judiciary and gives the Court a “supreme” …
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
Paul Marcus
No abstract provided.
The Democracy-Forcing Constitution, Neal Devins
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Neal E. Devins
No abstract provided.
Book Review Of The Second American Revolution, Neal Devins
Book Review Of The Second American Revolution, Neal Devins
Neal E. Devins
No abstract provided.
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Davison M. Douglas
No abstract provided.
When Is Finality Final? Second Chances At The Supreme Court, Aaron-Andrew P. Bruhl
When Is Finality Final? Second Chances At The Supreme Court, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Precedent, Aaron-Andrew P. Bruhl
Separating Amicus Wheat From Chaff, Aaron-Andrew P. Bruhl, Adam Feldman
Separating Amicus Wheat From Chaff, Aaron-Andrew P. Bruhl, Adam Feldman
Aaron-Andrew P. Bruhl
No abstract provided.
Controversial Gvrs And The "Degradation" Of The Gvr, Aaron-Andrew P. Bruhl
Controversial Gvrs And The "Degradation" Of The Gvr, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Following Lower-Court Precedent, Aaron-Andrew P. Bruhl
Following Lower-Court Precedent, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
This Article examines the role of lower-court precedent in the US Supreme Court’s decisions. The Supreme Court is rarely the first court to consider a legal question, and therefore the Court has the opportunity to be informed by and perhaps even persuaded by the views of the various lower courts that have previously addressed the issue. This Article considers whether the Court should give weight to lower-court precedent as a matter of normative theory and whether the Court in fact does so as a matter of practice. To answer the normative question, this Article analyzes a variety of potential reasons …
The Trouble With Amicus Facts, Allison Orr Larsen
The Trouble With Amicus Facts, Allison Orr Larsen
Allison Orr Larsen
The number of amicus curiae briefs filed at the Supreme Court is at an all-time high. Most observers, and even some of the Justices, believe that the best of these briefs are filed to supplement the Court’s understanding of facts. Supreme Court decisions quite often turn on generalized facts about the way the world works (Do violent video games harm children? Is a partial birth abortion ever medically necessary?). To answer these questions, the Justices are hungry for more information than the parties and the record can provide. The consensus is that amicus briefs helpfully add factual expertise to the …
The Amicus Machine, Allison Orr Larsen, Neal Devins
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: Confronting Supreme Court Fact Finding, Allison Orr Larsen
Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen
Allison Orr Larsen
No abstract provided.
Allison Orr Larsen On Intensely Empirical Amicus Briefs And Amicus Opportunism At The Supreme Court, Allison Orr Larsen
Allison Orr Larsen On Intensely Empirical Amicus Briefs And Amicus Opportunism At The Supreme Court, Allison Orr Larsen
Allison Orr Larsen
No abstract provided.
Confronting Supreme Court Fact Finding, Allison Orr Larsen
Confronting Supreme Court Fact Finding, Allison Orr Larsen
Allison Orr Larsen
No abstract provided.