Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch
Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
What's So Bad About Bush V. Gore? An Essay On Our Unsettled Election, Louis Michael Seidman
What's So Bad About Bush V. Gore? An Essay On Our Unsettled Election, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
There is a chance that Bush v. Gore may begin a process of laying a more attractive and realistic foundation for constitutionalism than the Official Story provides. The very fact that the Court is not politically independent and that it could not settle the matter in a disinterested, apolitical fashion might set us down a path toward a more mature version of constitutional law. The politically tendentious character of the Coon's reasoning demonstrates that our core constitutional commitments are subject to political manipulation. Ironically, public understanding of this malleability makes our politics more, rather than less, inclusive. It does so …
The Marbury Mystery: Why Did William Marbury Sue In The Supreme Court?, Susan Low Bloch
The Marbury Mystery: Why Did William Marbury Sue In The Supreme Court?, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
In 1801, when William Marbury petitioned the Supreme Court to issue a writ of mandamus ordering Secretary of State James Madison to deliver his commission as justice of the peace, he initiated one of the most important cases in the Court's history. But why did Marbury choose the Supreme Court? Was there a lower federal court that could have granted the writ at the time? The short answer is "yes." Rather than making an unsuccessful attempt to invoke the original jurisdiction of the United States Supreme Court, I have learned that he could have brought his suit in the then …