Law Commons^™

Taming The Prince: Bringing Presidential Emergency Powers Under Law In Colombia, Andrea Scoseria Katz

Scholarship@WashULaw

Can courts check presidential power exercised in a crisis — and should they? The case of Colombia, which recently turned on its head a history of presidential overreach and judicial rubber-stamping, provides an answer in the affirmative. As in much of Latin America, throughout Colombia’s post-independence history, bloodshed fueled authoritarian tendencies, with presidents exploiting the need for “order” to centralize power. One critical weapon in the presidential toolkit was the power to declare a state of emergency. During the twentieth century, these decrees became a routine pretext for the President to govern unilaterally, acquiesced to by the legislature and rarely …

Tom Delay: Popular Constitutionalist?, Neal Devins

Neal E. Devins

No abstract provided.

Law And Ideology In The U.S. Courts Of Appeals Judicial Review Of Federal Agency Decisions, Jerry D. Thomas

University of Kentucky Doctoral Dissertations

The attitudinal model of judicial behavior dominates judicial politics scholarship, including studies of federal courts and agencies. Extant research finds limited support for legal constraints as determinants of judge behavior when agency decisions are under review. Attitudinal scholars suggest judges substitute their policy preferences in place of agency preferences. Contrarily, the legal model suggests judges defer to agencies because of procedures and doctrine rooted in the rule of law.

This study tests hypotheses predicting whether federal agency review decisions in the U.S. Courts of Appeals during 1982-2002 are a function of judges‘ attitudes, namely ideology, or a function of legal …

The Legal Origins Theory In Crisis, Lisa Fairfax

All Faculty Scholarship

The Legal Origins Theory purports to predict how countries respond to economic and social problems. Specifically, the legal origins of the United States should strongly influence the manner it approaches economic problems and its approach should be distinct from the response of civil law countries. If the theory is accurate, America's legal tradition should have a profound impact on its response to the crisis. This Article seeks to test the boundaries of the theory by assessing whether it could have predicted the manner the U.S. responded to the current economic crisis. After analyzing the U.S. response to the crisis, this …

Tom Delay: Popular Constitutionalist?, Neal Devins

Faculty Publications

No abstract provided.

Constitutionalism, Democracy And Foreign Affairs, Louis Henkin

Indiana Law Journal

No abstract provided.