Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (2)
- Administrative restraint (1)
- Alexander Bickel (1)
- Civil procedure (1)
- Courts (1)
-
- Environmental Protection Agency (1)
- Federal Energy Regulatory Commission (1)
- Federalism (1)
- Fish and Wildlife Service (1)
- Institutional competence (1)
- Judicial supremacy (1)
- Lawrence v. Texas (1)
- Process law (1)
- Ricci v. DeStefano (1)
- Romer v. Evans (1)
- Same-sex marriage (1)
- Trans-substantivity (1)
- United States v. Windsor (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Same-Sex Marriage, Federalism, And Judicial Supremacy, Robert F. Nagel
Same-Sex Marriage, Federalism, And Judicial Supremacy, Robert F. Nagel
Publications
Justice Kennedy's opinion in United States v. Windsor is characterized by a number of strained and wavering constitutional claims. Prominent among these is the argument that the principle of federalism calls into question the congressional decision to adopt the traditional definition of marriage, which the state of New York rejected. An examination of earlier federalism cases demonstrates that Kennedy's appreciation for federalism is in fact severely limited and suggests and that his lax use of legal authority is directly if perversely related to this limited appreciation.
Federalism cases prior to Windsor show that Justice Kennedy supports state authority only when …
The Administrative State's Passive Virtues, Sharon B. Jacobs
The Administrative State's Passive Virtues, Sharon B. Jacobs
Publications
Fifty years ago, Alexander Bickel famousy suggested that courts use tools like standing, ripeness, and the political question doctrine to avoid reaching the merits of difficult cases. Yet despite the increasingly central role of administrative agencies in government, there have been no efforts to date to apply Bickel's insights to the bureaucracy. This Article remedies that deficit. The Article provides a three-part taxonomy of administrative restraint and offers case studies from federal agencies such as the Federal Energy Regulatory Commission, the Environmental Protection Agency, and the Fish and Wildlife Service. It argues that agencies sometimes use restraint strategically for reasons …
Trans-Substantivity Beyond Procedure, Suzette M. Malveaux
Trans-Substantivity Beyond Procedure, Suzette M. Malveaux
Publications
No abstract provided.