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Full-Text Articles in Law
Further Reflections On Not Being “Not An Originalist”, H. Jefferson Powell
Further Reflections On Not Being “Not An Originalist”, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
The Consequences Of Congress’S Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii, Margaret H. Lemos
The Consequences Of Congress’S Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii, Margaret H. Lemos
Faculty Scholarship
Although Congress delegates lawmaking authority to both courts and agencies, we know remarkably little about the determinants-and even less about the consequences-of the choice between judicial and administrative process. The few scholars who have sought to understand the choice of delegate have used formal modeling to illuminate various aspects of the decision from the perspective of the enacting Congress. That approach yields useful insight into the likely preferences of rational legislators, but tells us nothing about how (or whether) those preferences play out in the behavior of courts and agencies. Without such knowledge, we have no way of testing the …
A Coase Theorem For Constitutional Theory, Neil S. Siegel
A Coase Theorem For Constitutional Theory, Neil S. Siegel
Faculty Scholarship
There is much to admire about Barry Friedman’s new book, The Will of the People. Explaining how the institution of judicial review was made safe for democracy in America, Friedman’s story is extensively researched, beautifully written, scrupulously nonpartisan about the modern Court, and frequently humorous. What is more, his primary claim—that the Supreme Court of the United States is very much a democratic institution because judicial review always has been responsive to public opinion—is, to a large extent, convincing. I have taught The Will of the People in my first-year constitutional law course, and I plan to do so again. …
On Not Being “Not An Originalist”, H. Jefferson Powell
On Not Being “Not An Originalist”, H. Jefferson Powell
Faculty Scholarship
No abstract provided.