Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
Articles 1 - 10 of 10
Full-Text Articles in Law
Communication Breakdown: How Courts Do - And Don't - Respond To Statutory Overrides, Deborah A. Widiss
Communication Breakdown: How Courts Do - And Don't - Respond To Statutory Overrides, Deborah A. Widiss
Articles by Maurer Faculty
Earlier commentators, including many well-respected judges, have offered thoughtful suggestions for facilitating communication from courts to Congress about problems in statutes that Congress might want to address. My research explores the opposite question. How effective is communication from Congress back to courts? The answer is: Not very. Even when Congress enacts overrides, courts frequently continue to follow the prior judicial precedent. This is likely due more to information failure than willful disregard of controlling law. Nonetheless, a key aspect of the separation of powers is broken.
My research shows that when the Supreme Court overrules a prior decision, lower courts …
According To The Dean: Public Service And Public Service Loan Forgiveness: A Commitment To Our State And Our Nation, Austen Parrish
According To The Dean: Public Service And Public Service Loan Forgiveness: A Commitment To Our State And Our Nation, Austen Parrish
Austen Parrish (2014-2022)
A student loan bill proposed by Congress is troublesome for those who worry about encouraging our best and brightest to commit to state and national service. Among other provisions, the bill – known as the PROSPER Act – would eliminate the Public Service Loan Forgiveness (PSLF) Program. The repeal apparently will do little for the federal budget, but the predictions are it will adversely affect government, the military and public-interest organizations that have relied on the program for attracting and retaining talent.
Hidden among the partisan rhetoric are issues of real importance to the state – and compelling stories about …
Identifying Congressional Overrides Should Not Be This Hard, Deborah Widiss
Identifying Congressional Overrides Should Not Be This Hard, Deborah Widiss
Articles by Maurer Faculty
This paper is an invited response to Professor William N. Eskridge, Jr., and Mr. Matthew R. Christiansen’s recently-published study (92 Texas L. Rev. 1317 (2014)) identifying and analyzing Congressional overrides of Supreme Court statutory interpretation decisions since 1967. Christiansen and Eskridge provide a new taxonomy for overrides that distinguishes between "restorative" overrides, which denounce a judicial interpretation as misrepresenting prior Congressional intent, and overrides that simply update or clarify policy. Although political science and legal scholarship has focused on the interbranch struggle implicit in restorative overrides, Christiansen and Eskridge classify only about 20% of the overrides in their total dataset …
Owning Stock While Making Law: An Agency Problem And A Fiduciary Solution, Donna M. Nagy
Owning Stock While Making Law: An Agency Problem And A Fiduciary Solution, Donna M. Nagy
Articles by Maurer Faculty
No abstract provided.
Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh
Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Paradise Lost, Paradigm Found: Redefining The Judiciary's Imperiled Role In Congress, Charles G. Geyh
Paradise Lost, Paradigm Found: Redefining The Judiciary's Imperiled Role In Congress, Charles G. Geyh
Articles by Maurer Faculty
Long perceived as acting in splendid isolation, the legislative and judicial branches have become increasingly intertwined. The judiciary is becoming more involved in the legislative province of statutory reform, and Congress has inserted itself more frequently into the judicial territory of procedural rulemaking. In this article, Professor Geyh observes that a new, interactive paradigm has replaced the perceived model of separation and delegation between the brandies. As the judiciary and Congress have grown more enmeshed, the judiciary's reputation has suffered, both from a Watergate-vintage mistrust of all things governmental and from a perception that judicial activism is born of self-interest …
A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate
A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
State Immunity From Federal Suit -- When Can Congress Alter The Balance?, Gene R. Shreve
State Immunity From Federal Suit -- When Can Congress Alter The Balance?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Book Review. The Legislative Struggle By Bertram M. Gross, Frank Edward Horack Jr.
Book Review. The Legislative Struggle By Bertram M. Gross, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.
Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.