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Full-Text Articles in Law
Le Role Politique De La Cour Supreme, Toujours Recommence, Elisabeth Zoller
Le Role Politique De La Cour Supreme, Toujours Recommence, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
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 …
Ratification Of The Equal Rights Amendment: Lessons From Special Elections To The House Of Representatives In 1837, John Vlahoplus
Ratification Of The Equal Rights Amendment: Lessons From Special Elections To The House Of Representatives In 1837, John Vlahoplus
Indiana Law Journal
In 1837 the House of Representatives considered a governor’s attempt to include a limitation in a writ issued to fill a vacancy in representation pursuant to Article I, Section 2 of the Constitution. The Representatives agreed almost unanimously that the limitation was unconstitutional and should be disregarded as mere surplusage rather than invalidating the writ and the election. This Article suggests that the similar Article V gives Congress only the power to propose amendments, without any limitation, and States the power to ratify amendments or not, without any power to rescind. Consequently, the time limit that Congress purported to impose …