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Full-Text Articles in Law
Wilderness, Luck & Love: A Memoir And A Tribute, Neil Kagan
Wilderness, Luck & Love: A Memoir And A Tribute, Neil Kagan
Michigan Journal of Environmental & Administrative Law
In 1984, Congress preserved 8.2 million acres of roadless federal lands as "wilderness," nearly matching the acreage set aside in the Wilderness Act of 1964. Congress also created the most new wilderness areas ever in a single year, by far. Wilderness Connect, Number of Wilderness Areas Designated by Year, https://wilderness.net/practitioners/wilderness-areas/summary-reports/wilderness-areas-designated-by-year.php.
I brought two lawsuits in 1983 that proved to be the catalyst responsible for breaking the years-long impasse that had previously stymied the protection of these pristine wildlands. The lawsuits also pushed Congress to preserve more wildlands as wilderness than it would have otherwise.
This article describes the lawsuits, …
Restoring Congress's Role In The Modern Administrative State, Christopher J. Walker
Restoring Congress's Role In The Modern Administrative State, Christopher J. Walker
Michigan Law Review
A review of Josh Chafetzm Congress's Constitution: Legislative Authority and Separation of Powers.
"The Essential Characteristic": Enumerated Powers And The Bank Of The United States, Richard Primus
"The Essential Characteristic": Enumerated Powers And The Bank Of The United States, Richard Primus
Michigan Law Review
The idea that Congress can legislate only on the basis of its enumerated powers is an orthodox proposition of constitutional law, one that is generally supposed to have been recognized as essential ever since the Founding. Conventional understandings of several episodes in constitutional history reinforce this proposition. But the reality of many of those events is more complicated. Consider the 1791 debate over creating the Bank of the United States, in which Madison famously argued against the Bank on enumerated-powers grounds. The conventional memory of the Bank episode reinforces the sense that the orthodox view of enumerated powers has been …