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2025

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Front Matter For Volume 123, Issue 5 Of Michigan Law Review, University Of Michigan Law School Jan 2025

Front Matter For Volume 123, Issue 5 Of Michigan Law Review, University Of Michigan Law School

Michigan Law Review

No abstract provided.


After Courts: Democratizing Statutory Law, Ryan D. Doerfler, Samuel Moyn Jan 2025

After Courts: Democratizing Statutory Law, Ryan D. Doerfler, Samuel Moyn

Michigan Law Review

In Federalist No. 78, Alexander Hamilton argued for locating interpretive authority over law separately from those institutions tasked with formulating it. Hamilton’s vision, never accurate as a description of American practice, has not been credible for a long time. To the extent enormous power is still allocated to judges, our legal institutions have been out of step with our legal theory, which has long regarded them as political actors and policymakers. More practically, every term it is clearer and clearer that the role of the Supreme Court in statutory cases (including checking administrative rulemaking and other processes) is, if anything, …


As The Rainstorm Continues, Must We Throw Out The Raincoat Too? Private Enforcement Of Section 2 Of The Voting Rights Act, Derek A. Zeigler Jan 2025

As The Rainstorm Continues, Must We Throw Out The Raincoat Too? Private Enforcement Of Section 2 Of The Voting Rights Act, Derek A. Zeigler

Michigan Law Review

For almost six decades, the Voting Rights Act (VRA) has been a bulwark against the worst impulses of government actors who would rather manipulate the rules to stay in power than vigorously compete on the battleground of ideas. In the modern era, the U.S. Supreme Court has routinely weakened the Act’s protections, including its core remaining enforcement provision, Section 2, which protects voters from racially discriminatory policies. Today, Section 2’s continued vitality is at risk. In November 2023, the Eighth Circuit held that Section 2 lacks an implied private right of action—a decision at odds with three of its sister …


Front Matter Jan 2025

Front Matter

Michigan Law Review

Front Matter for Volume 123, Issue 6 of Michigan Law Review