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A Survivor's Perspective: Federal Judicial Selection From George Bush To Donald Trump, Leslie H. Southwick
A Survivor's Perspective: Federal Judicial Selection From George Bush To Donald Trump, Leslie H. Southwick
Notre Dame Law Review
Over recent decades, federal judicial selection controversies are worsening in their frequency and intensity. They distort all three branches of government. My particular concern is with federal judicial selection for judgeships below the Olympian heights of those on the United States Supreme Court, namely, the judges on the twelve regional circuit courts of appeals and the ninety-four district courts.
The depth of partisan acrimony over judicial confirmations has placed us in the infernal regions, and we seem to be continuing our descent. Analyzing how we got there is invariably affected by the biases, or more gently, by the perspectives of …
Fiduciary Injury And Citizen Enforcement Of The Emoluments Clause, Meredith M. Render
Fiduciary Injury And Citizen Enforcement Of The Emoluments Clause, Meredith M. Render
Notre Dame Law Review
The text of the Emoluments Clause provides no explicit enforcement mechanism, raising questions about who may enforce the Clause, and the mechanism by which it might be enforced. Is the Clause enforceable exclusively by collective action—such as an impeachment proceeding by Congress—or is it also enforceable by individual action—such as a private lawsuit? If the Emoluments Clause can be enforced by private action, who has standing to sue? In the absence of explicit textual guidance, a broader constitutional theory is required to render enforcement of the Clause coherent.
This Article presents that broader theory. The Article argues that the Emoluments …