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Articles 1 - 10 of 10
Full-Text Articles in Constitutional Law
Measuring Party Polarization In Congress: Lessons From Congressional Participation In Amicus Curiae, Neal Devins
Measuring Party Polarization In Congress: Lessons From Congressional Participation In Amicus Curiae, Neal Devins
Faculty Publications
First, I will detail the prevalence of party polarization and how party polarization has limited congressional interest in its institutional prerogatives vis-à-vis the executive. Second, I will discuss my research findings governing congressional amicus briefs. I will consider patterns in bipartisan filings over time (comparing the less polarized 1974–1985 Supreme Court terms with the more polarized 2002–2013 terms). I will also consider the types of issues lawmakers and their institutional counsel have pursued in their filings. This investigation will reveal a decline in briefs in institutional cases and an upswing in briefs on politically salient issues that divide the parties …
Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman
Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman
Faculty Publications
No abstract provided.
How Congress Paved The Way For The Rehnquist Court's Federalism Revival: Lessons From The Federal Partial Birth Abortion Ban, Neal Devins
Faculty Publications
No abstract provided.
If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl
If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
Anti-Federalist Procedure, A. Benjamin Spencer
Anti-Federalist Procedure, A. Benjamin Spencer
Faculty Publications
"[T]he new federal government will ... be disinclined to invade the rights of the individual States, or the prerogatives of their governments."
"[T]he Constitution of the United States ... recognizes and preserves the autonomy and independence of the States-independence in their legislative and independence in their judicial departments. . . . Any interference with either, except as [constitutionally] permitted, is an invasion of the authority of the State and, to that extent, a denial of its independence."
The understanding expressed by these opening quotes-that the national government was designed to be one of limited powers that would refrain from encroaching …
Towards A Madisonian, Interest-Group-Based, Approach To Lobbying Regulation, Anita S. Krishnakumar
Towards A Madisonian, Interest-Group-Based, Approach To Lobbying Regulation, Anita S. Krishnakumar
Faculty Publications
Recent lobbying scandals involving Jack Abramoff and Representative Tom DeLay have created a much-needed impetus for legislative reform of the lobbying process. But the question cries out: Will Congress actually enact any of the multitude of reform proposals currently on the table, and if it does, will any of those reforms make a difference in how the lobbying process operates? History suggests that the answer is "no."
This Article examines the reasons for Congress's persistent failure to enact effective lobbying reform and posits that the primary cause is an underlying disjunct between legislators' and the public's views about the value …
Cheers, Profanity, And Free Speech, Howard M. Wasserman
Cheers, Profanity, And Free Speech, Howard M. Wasserman
Faculty Publications
No abstract provided.
Structural Principles And Presidential Succession, Howard M. Wasserman
Structural Principles And Presidential Succession, Howard M. Wasserman
Faculty Publications
No abstract provided.
A Symposium Précis, Thomas E. Baker
A Symposium Précis, Thomas E. Baker
Faculty Publications
This article is an introduction and overview of the Drake University Law School symposium Judicious Choices: Nominating and Confirming Supreme Court Justices held in March of 2002. It identifies important constitutional law issues in nominating and confirming the President's appointments to Supreme Court Justices in the United States.
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
Faculty Publications
No abstract provided.