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Stipulating The Law, Gary Lawson
Stipulating The Law, Gary Lawson
Michigan Law Review
In Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court decided important questions of structural constitutionalism on the assumption, shared by all of the parties, that members of the Securities and Exchange Commission are not removable at will by the president. Four Justices strongly challenged the majority's willingness to accept what amounts to a stipulation by the parties to a controlling issue of law. As a general matter the American legal system does not allow parties to stipulate to legal conclusions, though it welcomes and encourages stipulations to matters of fact. I argue that one ought to …
Cabining The Constitutional History Of The New Deal In Time, G. Edward White
Cabining The Constitutional History Of The New Deal In Time, G. Edward White
Michigan Law Review
A Review of William E, Leuchtenburg, The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt