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Full-Text Articles in Law
Judicial Independence In Excess: Reviving The Judicial Duty Of The Supreme Court, Paul D. Carrington, Roger C. Cramton
Judicial Independence In Excess: Reviving The Judicial Duty Of The Supreme Court, Paul D. Carrington, Roger C. Cramton
Faculty Scholarship
Independence from extrinsic influence is, we know, indispensable to public trust in the integrity of professional judges who share the duty to decide cases according to preexisting law. But such independence is less appropriate for those expected to make new law to govern future events. Indeed, in a democratic government those who make new law are expected to be accountable to their constituents, not independent of their interests and unresponsive to their desires. The Supreme Court of the United States has in the last century largely forsaken responsibility for the homely task of deciding cases in accord with preexisting law …
Choosing The Next Supreme Court Justice: An Empirical Ranking Of Judge Performance, Mitu Gulati, Stephen J. Choi
Choosing The Next Supreme Court Justice: An Empirical Ranking Of Judge Performance, Mitu Gulati, Stephen J. Choi
Faculty Scholarship
The judicial appointments process has grown increasingly frustrating in recent years. Both sides claim that their candidates are the "most meritorious" and yet this is seldom any discussion of what constitutes merit. Instead, the discussion moves immediately to the candidates' likely positions on hot-button political issues like abortion, gun control, and the death penalty. One side claims that it is proposing certain candidates based on merit, while the other claims that the real reason for pushing those candidates is their ideology and, in particular, their likely votes on key hot-button issues. With one side arguing merit and the other side …
Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky
Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington
Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Does Federalism Advance Liberty?, Erwin Chemerinsky
Does Federalism Advance Liberty?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Rhetoric Of Constitutional Law, Erwin Chemerinsky
The Rhetoric Of Constitutional Law, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky
Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Closing The Courthouse Doors To Civil Rights Litigants, Erwin Chemerinsky
Closing The Courthouse Doors To Civil Rights Litigants, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky
Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Hypocrisy Of ‘Alden V. Maine’: Judicial Review, Sovereign Immunity And The Rehnquist Court, Erwin Chemerinsky
The Hypocrisy Of ‘Alden V. Maine’: Judicial Review, Sovereign Immunity And The Rehnquist Court, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky
The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky
The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Restoring Vitaility To State And Local Politics By Correcting The Excessive Independance Of The Supreme Court, Paul D. Carrington
Restoring Vitaility To State And Local Politics By Correcting The Excessive Independance Of The Supreme Court, Paul D. Carrington
Faculty Scholarship
This Article endorses the view of such political "conservatives" as Robert Bork, Pat Buchanan, Orrin Hatch, and Ed Meese that the Constitution of the United States is deeply flawed in conferring too large a political role on life-tenured Supreme Court Justices. It argues that a constitutional amendment to correct excessive judicial independance is long overdue, a conclusion, it contends, that ought be shared by all who believe, as the author does, that the right to self-government is the parent right on which our civil liberties and the market economy ultimately depend and that healthy institutions of self-government require substantial devolution …
Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky
Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky
History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Is The Rehnquist Court Really That Conservative?: An Analysis Of The 1991-92 Term, Erwin Chemerinsky
Is The Rehnquist Court Really That Conservative?: An Analysis Of The 1991-92 Term, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
October Tragedy, Erwin Chemerinsky
The Supreme Court And The Fourteenth Amendment: The Unfulfilled Promise, Erwin Chemerinsky
The Supreme Court And The Fourteenth Amendment: The Unfulfilled Promise, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Congress, The Supreme Court, And The Eleventh Amendment: A Comment On The Decisions During The 1988-89 Term, Erwin Chemerinsky
Congress, The Supreme Court, And The Eleventh Amendment: A Comment On The Decisions During The 1988-89 Term, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Constitution Is Not ‘Hard Law’: The Bork Rejection And The Future Of Constitutional Jurisprudence, Erwin Chemerinsky
The Constitution Is Not ‘Hard Law’: The Bork Rejection And The Future Of Constitutional Jurisprudence, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Foreword: The Vanishing Constitution, Erwin Chemerinsky
Foreword: The Vanishing Constitution, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky
A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.