Law Commons^™

Erie's International Effect, Michael S. Green

Michael S. Green

To what extent does the Erie doctrine apply in an international context? In his article When Erie Goes International, Professor Childress argues that a federal court choosing between state law and the law of a foreign nation should often (or perhaps always) ignore Klaxon Co. v. Stentor Electric Manufacturing Co. and use federal choice of law rules rather than the rules of the state where the federal court is located.

In this Essay, I have three points to make in response. The first is that Childress’s article, even if successful, leaves the bulk of the Erie doctrine unchanged in …

Erie, Swift, And Legal Positivism, Michael S. Green

Michael S. Green

No abstract provided.

Copyrighting Facts, Michael S. Green

Michael S. Green

No abstract provided.

Introduction: Death Penalty And International Law, Davison M. Douglas

Davison M. Douglas

No abstract provided.

Introduction: How We Vote: Electronic Voting And Other Voting Practices In The United States, Davison M. Douglas

Davison M. Douglas

No abstract provided.

The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins

Neal E. Devins

No abstract provided.

Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins

Neal E. Devins

No abstract provided.

Tax Policy Analysis Of Bob Jones University V. U.S, Charles O. Galvin, Neal Devins

Neal E. Devins

No abstract provided.

Dicta, Schmicta: Theory Versus Practice In Lower Court Decision Making, David Klein, Neal Devins

Neal E. Devins

The distinction between dictum and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dictum. Specifically, federal courts of appeals meaningfully invoke the distinction in about 1 in 4000 cases; federal district courts in about 1 in 2000 cases; and state courts in about 1 in 4000 cases. In this Essay, we report these findings, describe our coding system, and offer a preliminary assessment …

Did The High Court Go Too Far To Make A Politically Popular Ruling?, Neal Devins

Neal E. Devins

No abstract provided.

Defining Effective Civil Rights Enforcement In Education, Neal Devins

Neal E. Devins

No abstract provided.

Do Judicial Elections Facilitate Popular Constitutionalism; Can They?, Nicole Mansker, Neal Devins

Neal E. Devins

No abstract provided.

Constitutional Avoidance And The Roberts Court, Neal Devins

Neal E. Devins

No abstract provided.

Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins

Neal E. Devins

No abstract provided.

Constitutional Dilemmas: Defense Of Marriage Act (Doma), Neal Devins, Tara Leigh Grove

Neal E. Devins

No abstract provided.

Continuing Resolutions, Neal Devins

Neal E. Devins

No abstract provided.

Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins

Neal E. Devins

No abstract provided.

Congressional-Executive Information Access Disputes: A Modest Proposal - Do Nothing, Neal Devins

Neal E. Devins

No abstract provided.

Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins

Neal E. Devins

No abstract provided.

Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins

Neal E. Devins

No abstract provided.

Congressional Responses To Judicial Decisions, Neal Devins

Neal E. Devins

No abstract provided.

Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins

Neal E. Devins

Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims. …

Congress, Civil Liberties, And The War On Terrorism, Neal Devins

Neal E. Devins

In exercising his war-making powers, the President has historically pursued war-related initiatives that implicate civil liberties. Meanwhile, the Congress, with little incentive to resist these initiatives, has played a steadily declining role in warmaking. In this Essay, Professor Devins examines this dynamic, and argues that with Congress largely standing on the sidelines as the President leads the nation in war, it is the American public that has become the principal check on the powers of the President in wartime.

Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins

Neal E. Devins

No abstract provided.

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Neal E. Devins

No abstract provided.

Congress, The Court, And The Constitution: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, House Of Representatives, One Hundred Fifth Congress, Second Session, Charles T. Canady, Robert C. Scott, Louis Fisher, David P. Currie, Neal Devins, Neil Kinkopf, Nadine Strossen, Matthew J. Franck, Robert L. Clinton, Henry J. Hyde, Melvin L. Watt

Neal E. Devins

No abstract provided.

Clinton, William Jefferson (1946- ), Neal Devins

Neal E. Devins

No abstract provided.

Congress And The Making Of The Second Rehnquist Court, Neal Devins

Neal E. Devins

No abstract provided.

Closing The Classroom Door On Civil Rights, Neal Devins

Neal E. Devins

No abstract provided.

Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove

Neal E. Devins

No abstract provided.