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Full-Text Articles in Law
The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker
Indiana Law Journal
In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch
stack of paper. But in the same year, federal administrative agencies promulgate
80,000 pages of regulations—which makes an eleven-foot paper pillar. This move
toward electorally unaccountable administrators deciding federal policy began in
1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than
elected representatives, unelected bureaucrats increasingly make the vast majority
of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three
areas: delegation, deference, and independence.
This trend is about to be reversed. In the coming years, Congress will …
Identifying Congressional Overrides Should Not Be This Hard, Deborah Widiss
Identifying Congressional Overrides Should Not Be This Hard, Deborah Widiss
Articles by Maurer Faculty
This paper is an invited response to Professor William N. Eskridge, Jr., and Mr. Matthew R. Christiansen’s recently-published study (92 Texas L. Rev. 1317 (2014)) identifying and analyzing Congressional overrides of Supreme Court statutory interpretation decisions since 1967. Christiansen and Eskridge provide a new taxonomy for overrides that distinguishes between "restorative" overrides, which denounce a judicial interpretation as misrepresenting prior Congressional intent, and overrides that simply update or clarify policy. Although political science and legal scholarship has focused on the interbranch struggle implicit in restorative overrides, Christiansen and Eskridge classify only about 20% of the overrides in their total dataset …
Facial Challenges And Separation Of Powers, Luke Meier
Facial Challenges And Separation Of Powers, Luke Meier
Indiana Law Journal
No abstract provided.
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
The Constitution As Architecture: A Charette, Larry Kramer
The Constitution As Architecture: A Charette, Larry Kramer
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Introduction To The Separation Of Powers Symposium
Introduction To The Separation Of Powers Symposium
Indiana Law Journal
No abstract provided.
Separation Of Powers And International Executive Agreements, Arthur W. Rovine
Separation Of Powers And International Executive Agreements, Arthur W. Rovine
Indiana Law Journal
Symposium: Separation of Powers
Separation, Politics And Judicial Activism, Wallace Mendelson
Separation, Politics And Judicial Activism, Wallace Mendelson
Indiana Law Journal
Symposium: Separation of Powers
Separation Of Powers: The Phenomenon Of Legislative Courts, Edwin H. Greenebaum, W. Willard Wirtz
Separation Of Powers: The Phenomenon Of Legislative Courts, Edwin H. Greenebaum, W. Willard Wirtz
Indiana Law Journal
No abstract provided.
The Jurisdiction Of Courts (Part 3), Bernard C. Gavit
The Jurisdiction Of Courts (Part 3), Bernard C. Gavit
Indiana Law Journal
No abstract provided.
The Jurisdiction Of Courts (Part 2), Bernard C. Gavit
The Jurisdiction Of Courts (Part 2), Bernard C. Gavit
Indiana Law Journal
No abstract provided.
The Jurisdiction Of Courts (Part 1), Bernard C. Gavit
The Jurisdiction Of Courts (Part 1), Bernard C. Gavit
Indiana Law Journal
No abstract provided.