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What Members Of Congress Say About The Supreme Court And Why It Matters, Carolyn Shapiro 2018 Chicago-Kent College of Law

What Members Of Congress Say About The Supreme Court And Why It Matters, Carolyn Shapiro

Chicago-Kent Law Review

Republican and Democratic senators took strikingly different approaches to Justice Neil Gorsuch’s confirmation hearing. Republicans focused on judicial process—what judges are supposed to do, how they are constrained, and the significance of the constitutional separation of powers—evoking rhetoric long used by the political right. Democrats, by contrast, focused primarily on case outcomes, complaining, for example, that Gorsuch favored “the big guy” over “the little guy” in cases he decided as a judge on the Tenth Circuit. This Article critiques the Democrats’ failure to discuss judicial process and to promote their own affirmative vision of the judiciary and ...


Taking Judicial Legitimacy Seriously, Luis Fuentes-Rohwer 2018 Maurer School of Law, Indiana University Bloomington

Taking Judicial Legitimacy Seriously, Luis Fuentes-Rohwer

Chicago-Kent Law Review

Chief Justice Roberts appears worried about judicial legitimacy. In Gill v. Whitford, the Wisconsin gerrymandering case, he explicitly worries about the message the Court would send if it wades into the gerrymandering debate. More explicitly, he worries about “the status and integrity” of the Court if is seen as taking sides in politically charged controversies. Similarly, during his confirmation hearing, Roberts warned that the Court has a limited role in our constitutional scheme and must stay within it. To decide cases on the basis of policy and not law would compromise the Court’s legitimacy. This Essay is skeptical. For ...


Justice Kennedy, The Supreme Court, And The Christian's Role, Mark Caleb Smith 2018 Cedarville University

Justice Kennedy, The Supreme Court, And The Christian's Role, Mark Caleb Smith

Mark Caleb Smith, Ph.D.

No abstract provided.


Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen 2018 St. Mary's University School of Law

Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen

St. Mary's Law Journal

Abstract forthcoming


Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby 2018 The George Washington University Law School

Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby

The Scholar: St. Mary's Law Review on Race and Social Justice

On January 25, 2017, President Donald J. Trump signed an executive order with the supposed purpose of enhancing public safety of the interior of the United States. Part of the Administration’s plan includes threatening “sanctuary jurisdictions,” also known as “sanctuary cities,” with the loss of federal funds for failing to comply with federal law, specifically 8 U.S.C. § 1373.

There are several problems with this plan: (1) there is no solid definition for what makes a city a “sanctuary;” (2) if we accept the Administration’s allusion that a sanctuary jurisdiction is one that “willfully” refuses to comply ...


Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon 2018 St. Mary's University School of Law

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo 2018 St. Mary's University School of Law

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


The Seventeenth Amendment: The United States Senate And The Transformation From Legislative Selection To Direct Popular Election, John Joseph Janora 2018 SUNY, Buffalo State College

The Seventeenth Amendment: The United States Senate And The Transformation From Legislative Selection To Direct Popular Election, John Joseph Janora

History Theses

The passage of the Seventeenth Amendment helped to democratize the United States Senate and tied the legislative branch closer to the people, but it undermined the links between the state and the federal systems. Any thoughtful discussion on the Progressive Era will generally lead towards the idea of increased involvement of both the government, at all levels, in the lives of the general population, and the increased involvement of the general population in the functioning of the government at large. One seemingly obvious decision made in the early part of the 20th century was the implementation of the Seventeenth ...


The Republic In Long-Term Perspective, Richard Primus 2018 University of Michigan Law School

The Republic In Long-Term Perspective, Richard Primus

Michigan Law Review Online

Every system of government eventually passes away. That's a feature of the human condition. The United States has been an unusually stable polity by the standards of world civilizations, and for that stability Americans should be deeply grateful. But no nation is exempt from the basic forces of history. It is not reasonable to think that the constitutional republic we know will last forever. The question is when it will meet its end-in our lifetimes, or in our grandchildren's, or centuries later. Given the stable conditions that living Americans were socialized to expect, the dominant intuition is probably ...


The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil 2018 University of Minnesota Law School

The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


50 Years Later—The State Of Civil Rights And Opportunity In America, Catherine E. Lhamon 2018 University of Minnesota Law School

50 Years Later—The State Of Civil Rights And Opportunity In America, Catherine E. Lhamon

Law & Inequality: A Journal of Theory and Practice

Abridged Transcript, The Summit for Civil Rights, November 9, 2017


A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale 2018 University of Minnesota Law School

A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale

Law & Inequality: A Journal of Theory and Practice

Introduction & Abridged Transcript, The Summit for Civil Rights, November 10, 2017


Special Interest Influence Under Direct Versus Representative Democracy, John G. Matsusaka 2018 USC Marshall School of Business

Special Interest Influence Under Direct Versus Representative Democracy, John G. Matsusaka

University of Southern California Legal Studies Working Paper Series

The ability of economic interest groups to influence policy is a common theme in economics and political science. Most theories posit that interest group power arises from the ability to influence elected or appointed government officials through vote-buying, lobbying, or revolving doors; that is, by exploiting the representative part of democracy. This raises the question: does special interest influence decline when policy is chosen using direct democracy, without involvement of representatives? An analysis of the content of the universe of state-level ballot initiatives during 1904-2017 reveals that business interests have been worse off as a result of initiatives across major ...


Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte 2018 Cleveland-Marshall College of Law, Cleveland State University

Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte

Law Faculty Articles and Essays

This is a story of excess and reparation. It is a chronicle of one President from the elite intellectual classes of the East, and another from a county seat in the heartland. Woodrow Wilson was the college president whose contribution to the art of government lay in the principle of expertise and efficiency. When he went to war, he turned the machinery of government into a comprehensive and highly effective instrument for victory. For Wilson, it followed that there could be little tolerance for those who impeded the success of American arms by their anti-war propaganda, draft resistance, or ideological ...


Nfib V. Sebelius At 5, Nicole Huberfeld 2018 University of St. Thomas, Minnesota

Nfib V. Sebelius At 5, Nicole Huberfeld

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Reflections On Two Years Of P.R.O.M.E.S.A., David A. Skeel Jr. 2018 University of Pennsylvania Law School

Reflections On Two Years Of P.R.O.M.E.S.A., David A. Skeel Jr.

Faculty Scholarship at Penn Law

This Essay draws both on my scholarly and on my personal experience as a member of Puerto Rico’s oversight board to assess the first two years of the Board’s existence. I begin in a scholarly mode, by exploring the question of where P.R.O.M.E.S.A., the legislation that created the Board, came from. P.R.O.M.E.S.A.’s core provisions are, I will argue, the product of two historical patterns that have emerged in responses to the financial distress of public entities in the United States. The first dates back to ...


The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies 2018 Roger Williams University School of Law

The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman 2018 Penn State Law

Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman

Penn State Journal of Law & International Affairs

No abstract provided.


Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder 2018 Penn State Law

Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder

Penn State Journal of Law & International Affairs

No abstract provided.


One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq. 2018 Penn State Law

One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq.

Penn State Journal of Law & International Affairs

No abstract provided.


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