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Full-Text Articles in Law

The Power Of "So-Called Judges", Tara Leigh Grove Apr 2018

The Power Of "So-Called Judges", Tara Leigh Grove

Faculty Publications

No abstract provided.


The Origins (And Fragility) Of Judicial Independence, Tara Leigh Grove Mar 2018

The Origins (And Fragility) Of Judicial Independence, Tara Leigh Grove

Faculty Publications

The federal judiciary today takes certain things for granted. Political actors will not attempt to remove Article III judges outside the impeachment process; they will not obstruct federal court orders; and they will not tinker with the Supreme Court’s size in order to pack it with like-minded Justices. And yet a closer look reveals that these “self-evident truths” of judicial independence are neither self-evident nor necessary implications of our constitutional text, structure, and history. This Article demonstrates that many government officials once viewed these court-curbing measures as not only constitutionally permissible but also desirable (and politically viable) methods of “checking” …


The Erie Doctrine: A Flowchart, Michael S. Green Jan 2018

The Erie Doctrine: A Flowchart, Michael S. Green

Faculty Publications

No abstract provided.