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Articles 1 - 6 of 6
Full-Text Articles in Legislation
After The Override: An Empirical Analysis Of Shadow Precedent, Deborah A. Widiss, Brian J. Broughman
After The Override: An Empirical Analysis Of Shadow Precedent, Deborah A. Widiss, Brian J. Broughman
Articles by Maurer Faculty
Congressional overrides of prior judicial interpretations of statutory language are typically defined as equivalent to judicial overrulings, and they are presumed to play a central role in maintaining legislative supremacy. Our study is the first to empirically test these assumptions. Using a differences-in-differences research design, we find that citation levels decrease far less after legislative overrides than after judicial overrulings. This pattern holds true even when controlling for depth of the superseding event or considering only the specific proposition that was superseded. Moreover, contrary to what one might expect, citation levels decrease more quickly after restorative overrides—in which Congress repudiates …
Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh
Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Paradise Lost, Paradigm Found: Redefining The Judiciary's Imperiled Role In Congress, Charles G. Geyh
Paradise Lost, Paradigm Found: Redefining The Judiciary's Imperiled Role In Congress, Charles G. Geyh
Articles by Maurer Faculty
Long perceived as acting in splendid isolation, the legislative and judicial branches have become increasingly intertwined. The judiciary is becoming more involved in the legislative province of statutory reform, and Congress has inserted itself more frequently into the judicial territory of procedural rulemaking. In this article, Professor Geyh observes that a new, interactive paradigm has replaced the perceived model of separation and delegation between the brandies. As the judiciary and Congress have grown more enmeshed, the judiciary's reputation has suffered, both from a Watergate-vintage mistrust of all things governmental and from a perception that judicial activism is born of self-interest …
Informal Methods Of Judicial Discipline, Charles G. Geyh
Informal Methods Of Judicial Discipline, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Adverse Publicity As A Means Of Reducing Judicial Decision-Making Delay: Periodic Disclosure Of Pending Motions, Bench Trials And Cases Under The Civil Justice Reform Act, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin
An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin
Articles by Maurer Faculty
No abstract provided.