Law Commons^™

Federal Judicial Power And Federal Equity Without Federal Equity Powers, John Harrison

Notre Dame Law Review

This Article discusses the ways in which the federal courts do and do not have equity powers. Article III courts have the judicial power, which enables them to apply the law, primary and remedial. Applicable remedial law often includes the law of equitable remedies, so the federal courts have the power and obligation to give remedies pursuant to equitable principles. The law of equitable remedies, written and unwritten, is external to the courts, not created by them, the same way written law is external to the courts. Because the unwritten law of equitable remedies is found largely in judicial practice, …

A Responsive Remedy For Unconstitutional Removal Restrictions, William C. Eisenhauer

Notre Dame Law Review

The Supreme Court has inconsistently approached the remedies in unlawful removal restriction cases. This inconsistency fails to redress plaintiffs injured by unlawful executive power, blurs the separation of powers, and discourages other constitutional actors from considering their actions’ implications.3 This Note proposes a straight-forward solution to those problems.

It begins in Part I by laying out the mechanics of appointment and removal, with special attention to the constitutional and precedential intricacies of the removal power. Part II introduces the remedial problem by describing the Supreme Court’s two most recent removal cases and identifying the problematic inconsistencies. Part III dis-cusses in …

Calling Balls And Strikes? Chief Justice Roberts In October Term 2019, Meghan Dalton

Notre Dame Law Review

Part I of this Note will outline the scope of the assignment power, focusing on the strategic considerations a Chief Justice can make in assigning opinions. Part II will analyze Roberts’s voting and assignment patterns in October Term 2019, specifically applying the earlier discussions to his assignment choices in three key cases decided this term. Part III will focus on Chief Justice Roberts’s jurisprudential values and explore how these concerns might have informed his decision making in October Term 2019. Finally, this Note concludes by asking to what extent Roberts’s recent assignment choices are consistent with his signature promise to …