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Supreme Court Legitimacy: A Turn To Constitutional Practice, Thomas G. Donnelly
Supreme Court Legitimacy: A Turn To Constitutional Practice, Thomas G. Donnelly
BYU Law Review
Commentators offer the Justices consistent—if unsolicited—advice: tend to the Supreme Court’s institutional legitimacy. However, to say this—without saying more—is to say very little. Of course, constitutional theorists already wrestle with the meaning of legitimacy—its contours, its complexity, and its influence on the Justices. Political scientists debate the relationship between institutional concerns and judicial behavior. At the same time, previous scholars largely ignore issues of constitutional practice. This is a mistake. In this Article, I take up this neglected topic. To that end, I detail how the individual Justice might work to bolster the Court’s legitimacy in concrete cases. Part of …
The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith
The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith
BYU Law Review
No abstract provided.
Why Judicial Deference To Administrative Fact-Finding Is Unconstitutional, John Gibbons
Why Judicial Deference To Administrative Fact-Finding Is Unconstitutional, John Gibbons
BYU Law Review
No abstract provided.
Talking Originalism , Andrew B. Coan
A Failed Coup On The Judicial Monarchy (Review Of God And Man In The Law, By Robert Lowry Clinton), David D. Garner
A Failed Coup On The Judicial Monarchy (Review Of God And Man In The Law, By Robert Lowry Clinton), David D. Garner
BYU Law Review
No abstract provided.
Humenansky V. Regents Of The University Of Minnesota: Questioning Congressional Intent And Authority To Abrogate Eleventh Amendment Immunity With The Adea, Eric Hunter
BYU Law Review
No abstract provided.
History, Judicial Revisionism And J.M. Balkin, Raoul Berger
History, Judicial Revisionism And J.M. Balkin, Raoul Berger
BYU Law Review
No abstract provided.
The Politics Of Statutory Construction, Daniel M. Harris
The Politics Of Statutory Construction, Daniel M. Harris
BYU Law Review
No abstract provided.