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Articles 1 - 7 of 7
Full-Text Articles in Law
Brief Of Professor Stephen E. Sachs As Amicus Curiae In Support Of Neither Party, Atlantic Marine Construction Co. V. U.S. District Court, Stephen E. Sachs
Brief Of Professor Stephen E. Sachs As Amicus Curiae In Support Of Neither Party, Atlantic Marine Construction Co. V. U.S. District Court, Stephen E. Sachs
Stephen E. Sachs
[This brief was filed in support of neither party in No. 12-929 (U.S., cert. granted Apr. 1, 2013).] The parties in this case defend two sides of a many-sided circuit split. This brief argues that a third view is correct. If a contract requires suit in a particular forum, and the plaintiff sues somewhere else, how may the defendant raise the issue? Petitioner Atlantic Marine Construction Company suggests a motion under Federal Rule of Civil Procedure 12(b)(3) or 28 U.S.C. § 1406, on the theory that the contract renders venue improper. Respondent J-Crew Management, Inc. contends that venue remains proper, …
The Uneasy Case For The Affordable Care Act, Stephen E. Sachs
The Uneasy Case For The Affordable Care Act, Stephen E. Sachs
Stephen E. Sachs
The constitutionality of the Affordable Care Act is sometimes said to be an "easy" question, with the Act's opponents relying more on fringe political ideology than mainstream legal arguments. This essay disagrees. While the mandate may win in the end, it won't be easy, and the arguments against it sound in law rather than politics. Written to accompany and respond to Erwin Chemerinsky's essay in the same symposium, this essay argues that each substantive defense of the mandate is subject to doubt. While Congress could have avoided the issue by using its taxing power, it chose not to do so. …
Constitutional Backdrops, Stephen E. Sachs
Constitutional Backdrops, Stephen E. Sachs
Stephen E. Sachs
The Constitution is often said to leave important questions unanswered. These include, for example, the existence of a congressional contempt power or an executive removal power, the role of stare decisis, and the scope of state sovereign immunity. Bereft of clear text, many scholars have sought answers to such questions in Founding-era history. But why should the historical answers be valid today, if they were never codified in the Constitution's text? This Article describes a category of legal rules that weren't adopted in the text, expressly or implicitly, but which nonetheless have continuing legal force under the written Constitution. These …
Corruption, Clients, And Political Machines: A Response To Professor Issacharoff, Stephen E. Sachs
Corruption, Clients, And Political Machines: A Response To Professor Issacharoff, Stephen E. Sachs
Stephen E. Sachs
Responding to Samuel Issacharoff, On Political Corruption, 124 Harv. L. Rev. 118 (2010) In his comment on political corruption, Professor Samuel Issacharoff questions traditional accounts that aim to squeeze money out of politics entirely. Instead, he focuses on the danger that political spending will promote private influence over government policy. In this response, Professor Stephen E. Sachs argues that "private influence" is itself too broad a category to control, and that campaign finance policy should be restricted to a more manageable scope. Professor Sachs argues that if protecting the government from private influence is too diffuse a goal, we can …
Full Faith And Credit In The Early Congress, Stephen E. Sachs
Full Faith And Credit In The Early Congress, Stephen E. Sachs
Stephen E. Sachs
After more than 200 years, the Full Faith and Credit Clause remains poorly understood. The Clause first issues a self-executing command (that "Full Faith and Credit shall be given"), and then empowers Congress to prescribe the manner of proof and the "Effect" of state records in other states. But if states must accord each other full faith and credit-and if nothing could be more than full-then what "Effect" could Congress give state records that they wouldn't have already? And conversely, how could Congress in any way reduce or alter the faith and credit that is due? This Article seeks to …
John Mccain's Citizenship: A Tentative Defense, Stephen E. Sachs
John Mccain's Citizenship: A Tentative Defense, Stephen E. Sachs
Stephen E. Sachs
Sen. John McCain was born a U.S. citizen and is eligible to be president. The most serious challenge to his status, recently posed by Prof. Gabriel Chin, contends that the statute granting citizenship to Americans born abroad did not include the Panama Canal Zone, where McCain was born in 1936. When Congress amended the law in 1937, he concludes, it was too late for McCain to be "natural born." Even assuming, however, that McCain's citizenship depended on this statute - and ignoring his claim to citizenship at common law - Chin's argument may be based on a misreading. When the …
Why John Mccain Was A Citizen At Birth, Stephen E. Sachs
Why John Mccain Was A Citizen At Birth, Stephen E. Sachs
Stephen E. Sachs
Senator John McCain was born a citizen in 1936. Professor Gabriel J. Chin challenges this view in this Symposium, arguing that McCain’s birth in the Panama Canal Zone (while his father was stationed there by the Navy) fell into a loophole in the governing statute. The best historical evidence, however, suggests that this loophole is an illusion and that McCain is a "natural born Citizen" eligible to be president.