Legal History Commons^™

The Two Federal Circuits, R. Polk Wagner

All Faculty Scholarship

No abstract provided.

Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Originalism Is Bunk, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Greater And Lesser Powers Of Tort Reform: The Primary Jurisdiction Doctrine And State-Law Claims Concerning Fda-Approved Products, Catherine T. Struve

All Faculty Scholarship

No abstract provided.

Judicial Supremacy, Judicial Activism: Cooper V. Aaron And Parents Involved, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.

Judicial Activism And Its Critics, Kermit Roosevelt Iii, Richard Garnett

All Faculty Scholarship

No abstract provided.

Who Writes The Rules For Hostile Takeovers, And Why? The Peculiar Divergence Of Us And Uk Takeover Regulation, John Armour, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

A Retroactivity Retrospective, With Thoughts For The Future: What The Supreme Court Learned From Paul Mishkin, And What It Might, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.

Preempting The People: The Judicial Role In Regulatory Concurrency And Its Implications For Popular Lawmaking, Theodore Ruger

All Faculty Scholarship

No abstract provided.

Preemption In The Rehnquist Court: A Preliminary Empirical Assessment, Michael S. Greve, Jonathan Klick

All Faculty Scholarship

The federal preemption of state law has emerged as a prominent field of study for legal scholars and political scientists. This rise to prominence of a technical and often dull field of jurisprudence is due to a number of developments-increasingly frequent federal statutory preemptions; the states' unprecedented aggressiveness in regulating business transactions, the expansion of corporate liability under state common law and the increased resort of corporate defendants to federal preemption defenses; and, not least, the Rehnquist Court's discovery of federalism and states' rights.

Unfortunately, the preemption debate has been marred by misperceptions and a lack of reliable data. Extravagant …

Forget The Fundamentals: Fixing Substantive Due Process, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.

The Chief Justice's Special Authority And The Norms Of Judicial Power, Theodore Ruger

All Faculty Scholarship

No abstract provided.

Guantanamo And The Conflict Of Laws: Rasul And Beyond, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.

Symbiotic Federalism And The Structure Of Corporate Law, Marcel Kahan, Edward B. Rock

All Faculty Scholarship

No abstract provided.

Resolving Renvoi: The Bewitchment Of Our Intelligence By Means Of Language, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.

Managing Gerrymandering, Mitchell N. Berman

All Faculty Scholarship

Last spring, in Vieth v. Jubelirer, the Supreme Court addressed a claim of unconstitutional partisan gerrymandering for the first time since having held such claims justiciable, 18 years earlier, in Davis v. Bandemer. Vieth was a fractured decision. All nine Justices agreed that partisan gerrymandering is of constitutional moment, a substantial majority declaring that excessive partisanship is unconstitutional. The Justices also united in rejecting the particular gerrymandering test advanced in Bandemer. There agreement ended. Four Justices proposed three tests to replace the unmeetable Bandemer standard. A four-member plurality would have overruled Bandemer more completely by holding that partisan gerrymandering claims …

Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Judicial Appointment Power Of The Chief Justice, Theodore Ruger

All Faculty Scholarship

No abstract provided.

Tribal Immunity And Tribal Courts, Catherine T. Struve

All Faculty Scholarship

No abstract provided.

Constitutional Decision Rules, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Guillen And Gullibility: Piercing The Surface Of Commerce Clause Doctrine, Mitchell N. Berman

All Faculty Scholarship

In Pierce County v. Guillen, the Supreme Court's most recent Commerce Clause decision, the Court upheld a federal law that protects information compiled or collected by states and localities in connection with federal highway safety programs from being discovered or admitted into evidence in state or federal trials. A short and unanimous decision, Guillen has gone almost entirely unnoticed. This article aims to rectify that oversight. Very simply, Guillen is not the gimme that its length, tone, and reception all conspire to suggest. At the heart of the case is a puzzle. And attempts to unravel that puzzle may substantially …

Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine And How A Too-Clever Congress Could Provoke It To Do So, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

What Do We Mean By "Judicial Independence"?, Stephen B. Burbank

All Faculty Scholarship

In this article, the author argues that the concept of "judicial independence" has served more as an object of rhetoric than it has of sustained study. He views the scholarly literatures that treat it as ships passing in the night, each subject to weaknesses that reflect the needs and fashions of the discipline, but all tending to ignore courts other than the Supreme Court of the United States. Seeking both greater rigor and greater flexibility than one usually finds in public policy debates about, and in the legal and political science literatures on, judicial independence, the author attributes much of …

The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Light From Dead Stars: The Procedural Adequate And Independent State Ground Reconsidered, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.

Direct And Collateral Federal Court Review Of The Adequacy Of State Procedural Rules, Catherine T. Struve

All Faculty Scholarship

No abstract provided.

The Paradox Of Delegation: Interpreting The Federal Rules Of Civil Procedure, Catherine T. Struve

All Faculty Scholarship

No abstract provided.

Commercial Speech And The Unconstitutional Conditions Doctrine: A Second Look At "The Greater Includes The Lesser", Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Corporate Law As A Facilitator Of Self Governance, Edward B. Rock, Michael L. Wachter

All Faculty Scholarship

No abstract provided.