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Forcing Supreme Court Review By The Federal Circuit, Jeremy W. Bock
Forcing Supreme Court Review By The Federal Circuit, Jeremy W. Bock
Buffalo Law Review
From time to time, a federal court of appeals may want the Supreme Court to take a case because it is stuck: there is an unresolved issue that is important to the day-to-day administration of justice, but an en banc sitting would be futile. The Supreme Court, however, has a haystack problem: it receives several thousand certiorari petitions each year, of which approximately 1% receive plenary review. The literature suggests that the selection of the certworthy needles in this petition haystack is a black-box process affected by discretion and situational factors that make timely review unpredictable and difficult to obtain. …
Life And Afterlife In The Steel Seizure Case, Matthew Steilen
Life And Afterlife In The Steel Seizure Case, Matthew Steilen
Buffalo Law Review
This Essay examines the proper role of the Supreme Court in deciding disputes between Congress and the President. Progressive commentators are now urging the Court to dismiss these cases as political questions, at least where doing so would give effect to congressional regulations of the President. The Court’s interference is criticized as antidemocratic. This Essay advances a different conception of the Supreme Court’s role by examining the famous Steel Seizure Case. In that case, the Court upheld an injunction barring President Truman from seizing the nation’s steel mills, on grounds that doing so was inconsistent with congressional will and without …
Linking Law And Life: Justice Sotomayor’S Judicial Voice, Laura Krugman Ray
Linking Law And Life: Justice Sotomayor’S Judicial Voice, Laura Krugman Ray
The Docket
No abstract provided.
Judicial Review And Non-Enforcement At The Founding, Matthew J. Steilen
Judicial Review And Non-Enforcement At The Founding, Matthew J. Steilen
Journal Articles
This Article examines the relationship between judicial review and presidential non-enforcement of statutory law. Defenders of non-enforcement regularly argue that the justification for judicial review that prevailed at the time of the founding also justifies the president in declining to enforce unconstitutional laws. The argument is unsound. This Article shows that there is essentially no historical evidence, from ratification through the first decade under the Constitution, in support of a non-enforcement power. It also shows that the framers repeatedly made statements inconsistent with the supposition that the president could refuse to enforce laws he deemed unconstitutional. In contrast, during this …
The Constitutional Catechism Of Antonin Scalia, George Kannar
The Constitutional Catechism Of Antonin Scalia, George Kannar
Journal Articles
No abstract provided.
The American Bar Association And The Supreme Court—Old Wine In A New Bottle?, Manly Fleischmann, Ronald H. Jensen
The American Bar Association And The Supreme Court—Old Wine In A New Bottle?, Manly Fleischmann, Ronald H. Jensen
Buffalo Law Review
No abstract provided.
Mr. Justice Murphy: A Political Biography. By J. Woodford Howard., Arthur Selvwyn Miller
Mr. Justice Murphy: A Political Biography. By J. Woodford Howard., Arthur Selvwyn Miller
Buffalo Law Review
No abstract provided.