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Articles 121 - 150 of 28060

Full-Text Articles in Law

What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins Sep 2019

What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins

Neal E. Devins

No abstract provided.


The Vanishing Common Law Judge, Neal Devins, David Klein Sep 2019

The Vanishing Common Law Judge, Neal Devins, David Klein

Neal E. Devins

The common law style of judging appears to be on its way out. Trial courts rarely shape legal policymaking by asserting decisional autonomy through distinguishing, limiting, or criticizing higher court precedent. In an earlier study, we demonstrated the reluctance of lower court judges to assert decisional autonomy by invoking the holding–dicta dichotomy. In this Article, we make use of original empirical research to study the level of deference U.S. district court judges exhibit toward higher courts and whether the level of deference has changed over time. Our analysis of citation behavior over an eighty-year period reveals a dramatic shift in …


Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins Sep 2019

Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins

Neal E. Devins

No abstract provided.


Tom Delay: Popular Constitutionalist?, Neal Devins Sep 2019

Tom Delay: Popular Constitutionalist?, Neal Devins

Neal E. Devins

No abstract provided.


Tribute To John Donaldson, Neal Devins Sep 2019

Tribute To John Donaldson, Neal Devins

Neal E. Devins

No abstract provided.


The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz Sep 2019

The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz

Neal E. Devins

No abstract provided.


The Trouble With Jaycees, Neal Devins Sep 2019

The Trouble With Jaycees, Neal Devins

Neal E. Devins

No abstract provided.


The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts Sep 2019

The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts

Neal E. Devins

No abstract provided.


The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel Sep 2019

The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel

Neal E. Devins

No abstract provided.


The Supreme Court And Private Schools: An Update, Neal Devins Sep 2019

The Supreme Court And Private Schools: An Update, Neal Devins

Neal E. Devins

No abstract provided.


The Rhetoric Of Equality, Neal Devins Sep 2019

The Rhetoric Of Equality, Neal Devins

Neal E. Devins

No abstract provided.


The Steel Seizure Case: One Of A Kind?, Neal Devins, Louis Fisher Sep 2019

The Steel Seizure Case: One Of A Kind?, Neal Devins, Louis Fisher

Neal E. Devins

No abstract provided.


The Majoritarian Rehnquist Court?, Neal Devins Sep 2019

The Majoritarian Rehnquist Court?, Neal Devins

Neal E. Devins

No abstract provided.


The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins Sep 2019

The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins

Neal E. Devins

No abstract provided.


The Possible Final Word On Employment Discrimination Relief, Neal Devins Sep 2019

The Possible Final Word On Employment Discrimination Relief, Neal Devins

Neal E. Devins

No abstract provided.


The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins Sep 2019

The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins

Neal E. Devins

No abstract provided.


The Judicial Safeguards Of Federalism, Neal Devins Sep 2019

The Judicial Safeguards Of Federalism, Neal Devins

Neal E. Devins

No abstract provided.


The Injustice Of The Death Penalty, Neal Devins, Roy Brasfield Herron Sep 2019

The Injustice Of The Death Penalty, Neal Devins, Roy Brasfield Herron

Neal E. Devins

No abstract provided.


The Line Item Veto: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, United States Senate, One Hundred First Congress, First Session, Paul Simon, Arnold Cantor, Neal Devins, Louis Fisher Sep 2019

The Line Item Veto: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, United States Senate, One Hundred First Congress, First Session, Paul Simon, Arnold Cantor, Neal Devins, Louis Fisher

Neal E. Devins

No abstract provided.


The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash Sep 2019

The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash

Neal E. Devins

Modern Justice Department opinions insist that the executive branch must enforce and defend laws. In the first article to systematically examine Department of Justice refusals to defend, we make four points. First, the duties to enforce and defend lack any sound basis in the Constitution. Hence, while President Obama is right to refuse to defend the Defense of Marriage Act, he is wrong to continue to enforce a law he believes is unconstitutional. Second, rather than being grounded in the Constitution, the duties are better explained by the Department of Justice’s (DOJ) desire to enhance its independence and status. By …


The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz Sep 2019

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Neal E. Devins

No abstract provided.


The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins Sep 2019

The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins

Neal E. Devins

No abstract provided.


The Countermajoritarian Paradox, Neal Devins Sep 2019

The Countermajoritarian Paradox, Neal Devins

Neal E. Devins

No abstract provided.


The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins Sep 2019

The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins

Neal E. Devins

No abstract provided.


The D'Oh! Of Popular Constiutitonalism, Neal Devins Sep 2019

The D'Oh! Of Popular Constiutitonalism, Neal Devins

Neal E. Devins

No abstract provided.


The Bob Jones Case - Over To Congress, Neal Devins Sep 2019

The Bob Jones Case - Over To Congress, Neal Devins

Neal E. Devins

No abstract provided.


The Amicus Machine, Allison Orr Larsen, Neal Devins Sep 2019

The Amicus Machine, Allison Orr Larsen, Neal Devins

Neal E. Devins

The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …


The Civil Rights Hydra, Neal Devins Sep 2019

The Civil Rights Hydra, Neal Devins

Neal E. Devins

No abstract provided.


The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken Sep 2019

The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken

Neal E. Devins

No abstract provided.


The Constitution Between Friends, Neal Devins Sep 2019

The Constitution Between Friends, Neal Devins

Neal E. Devins

No abstract provided.