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Full-Text Articles in Law
Barring Judicial Review, Laura E. Dolbow -- Sharswood Fellow
Barring Judicial Review, Laura E. Dolbow -- Sharswood Fellow
Vanderbilt Law Review
Whether judicial review is available is one of the most hotly contested issues in administrative law. Recently, laws that prohibit judicial review have sparked debate in the Medicare, immigration, and patent contexts. These debates are continuing in challenges to the recently created Medicare price negotiation program. Yet despite debates about the removal of judicial review, little is known about how often, and in what contexts, Congress has expressly precluded review. This Article provides new insights about express preclusion by conducting an empirical study of the U.S. Code. It creates an original dataset of laws that expressly preclude judicial review of …
The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers
The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers
Vanderbilt Journal of Transnational Law
Very little is known about the role that courts play in the total political system of a nation. In two recent works Professors Walter Murphy and Joseph Tanenhaus have centered attention on this question and have isolated some of the major functions of courts and developed several working hypotheses concerning these functions. They suggest that one of the major functions of constitutional courts consists of "defining the rules of the political game and determining the boundaries of authority between competing public officials as well as the boundaries between governmental authority and individual liberty." In approving or disapproving the acts of …