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Jurisprudence Commons

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Articles 1 - 8 of 8

Full-Text Articles in Jurisprudence

The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf Feb 2015

The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf

Michael C. Dorf

No abstract provided.


A Nonoriginalist Perspective On The Lessons Of History, Michael C. Dorf Feb 2015

A Nonoriginalist Perspective On The Lessons Of History, Michael C. Dorf

Michael C. Dorf

No abstract provided.


Dicta And Article Iii, Michael C. Dorf Feb 2015

Dicta And Article Iii, Michael C. Dorf

Michael C. Dorf

No abstract provided.


Legal Indeterminacy And Institutional Design, Michael C. Dorf Feb 2015

Legal Indeterminacy And Institutional Design, Michael C. Dorf

Michael C. Dorf

No abstract provided.


Foreward: The Most Confusing Branch, Michael C. Dorf Feb 2015

Foreward: The Most Confusing Branch, Michael C. Dorf

Michael C. Dorf

No abstract provided.


Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Lisa T. Mcelroy, Michael C. Dorf Feb 2015

Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Lisa T. Mcelroy, Michael C. Dorf

Michael C. Dorf

In the fall of 2010, Senator Patrick Leahy introduced a bill that would have overridden a New Deal-era federal statute forbidding retired Justices from serving by designation on the Supreme Court of the United States. The Leahy bill would have authorized the Court to recall willing retired Justices to substitute for recused Justices. This Article uses the Leahy bill as a springboard for considering a number of important constitutional and policy questions, including whether the possibility of 4-4 splits justifies the substitution of a retired Justice for an active one; whether permitting retired Justices to substitute for recused Justices would ...


Prediction And The Rule Of Law, Michael C. Dorf Feb 2015

Prediction And The Rule Of Law, Michael C. Dorf

Michael C. Dorf

No abstract provided.


Majoritarian Difficulty And Theories Of Constitutional Decision Making, Michael C. Dorf Feb 2015

Majoritarian Difficulty And Theories Of Constitutional Decision Making, Michael C. Dorf

Michael C. Dorf

Recent scholarship in political science and law challenges the view that judicial review in the United States poses what Alexander Bickel famously called the "counter-majoritarian difficulty." Although courts do regularly invalidate state and federal action on constitutional grounds, they rarely depart substantially from the median of public opinion. When they do so depart, if public opinion does not eventually come in line with the judicial view, constitutional amendment, changes in judicial personnel, and/or changes in judicial doctrine typically bring judicial understandings closer to public opinion. But if the modesty of courts dissolves Bickel's worry, it raises a distinct ...