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The Divine Right Of Judges: How Christian Thought Shaped The American Judiciary, Elise Mclaren Villers Jun 2023

The Divine Right Of Judges: How Christian Thought Shaped The American Judiciary, Elise Mclaren Villers

St. Mary's Law Journal

This Essay continues a discussion on the authority of courts, executives, and legislators to govern nations where the law diverges from necessity or morality. In a previous Comment, P. Elise McLaren, Answering the Call: A History of the Emergency Power Doctrine in Texas and United States, 53 St. Mary’s L.J. 287 (2022), I asked whether necessity or emergency ever supersedes the law, i.e., whether “emergency powers” exist. In this Essay, I ask whether the government is held accountable to a force other than the people themselves, namely, religious influence. As was done with respect to emergency powers, I ask …


Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler Apr 2023

Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler

Indiana Law Journal

Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …