Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Judges (2)
- Jurisprudence (2)
- Public Law and Legal Theory (2)
- Administrative Law (1)
- Articles (1)
-
- Banking and Finance (1)
- Campaign Finance (1)
- Constitutional Law (1)
- Corporate Personhood (1)
- Corporations (1)
- Courts (1)
- Democracy (1)
- Deregulation (1)
- Economics (1)
- Elections (1)
- Federal sovereign immunity (1)
- Financial Crisis (1)
- Freedom of Speech (1)
- Gender (1)
- Historical Materialism (1)
- Impartiality (1)
- Jurisdiction (1)
- Law (1)
- Law and Economics (1)
- Law and Society (1)
- Legal History (1)
- Legislation (1)
- Marxism (1)
- Neoliberalism (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Judges
Three-Dimensional Sovereign Immunity, Sarah L. Brinton
Three-Dimensional Sovereign Immunity, Sarah L. Brinton
Sarah L Brinton
The Supreme Court has erred on sovereign immunity. The current federal immunity doctrine wrongly gives Congress the exclusive authority to waive immunity (“exclusive congressional waiver”), but the Constitution mandates that Congress share the waiver power with the Court. This Article develops the doctrine of a two-way shared waiver and then explores a third possibility: the sharing of the immunity waiver power among all three branches of government.
Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz
Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz
Justin Schwartz
Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …
The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee
The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee
Keith J. Bybee
What do we talk about when we talk about gender imbalance on the bench? The first thing we do is keep track of the number of female judges. Once the data has been gathered, we then argue about what the disparity between men and women in the judiciary means. These arguments about meaning are not freestanding. On the contrary, I claim that debates over gender imbalance occur within the context of a broader public debate over the nature of judicial decisionmaking. I argue that this public debate revolves around dueling conceptions of the judge as impartial arbiter and as politically …