Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

2006

Courts

All Faculty Scholarship

Articles 1 - 4 of 4

Full-Text Articles in Legal History

Forget The Fundamentals: Fixing Substantive Due Process, Kermit Roosevelt Iii Jan 2006

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

All Faculty Scholarship

No abstract provided.


Preemption In The Rehnquist Court: A Preliminary Empirical Assessment, Michael S. Greve, Jonathan Klick Jan 2006

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 …


Preempting The People: The Judicial Role In Regulatory Concurrency And Its Implications For Popular Lawmaking, Theodore Ruger Jan 2006

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

All Faculty Scholarship

No abstract provided.


The Chief Justice's Special Authority And The Norms Of Judicial Power, Theodore Ruger Jan 2006

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

All Faculty Scholarship

No abstract provided.