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Full-Text Articles in Law
The Foreign Intelligence Surveillance Act And The Separation Of Powers, Scott A. Boykin
The Foreign Intelligence Surveillance Act And The Separation Of Powers, Scott A. Boykin
University of Arkansas at Little Rock Law Review
No abstract provided.
Plenary Power Is Dead! Long Live Plenary Power, Michael Kagan
Plenary Power Is Dead! Long Live Plenary Power, Michael Kagan
Michigan Law Review First Impressions
For decades, scholars of immigration law have anticipated the demise of the plenary power doctrine. The Supreme Court could have accomplished this in its recent decision in Kerry v. Din, or it could have reaffirmed plenary power. Instead, the Court produced a splintered decision that did neither. This Essay examines the long process of attrition that has significantly gutted the traditional plenary power doctrine with regard to procedural due process, while leaving it largely intact with regard to substantive constitutional rights.
Three Variations Of The Supreme Court's Legal Mind, Albert Lebowitz
Three Variations Of The Supreme Court's Legal Mind, Albert Lebowitz
Akron Law Review
With their independence, the Justices emerged, not, as Madison imagined them, a unified definition of reason but with diverging strains of legal mindedness that, as they almost inevitably clashed with each other, developed that added strength which emerges from dialectic. Madison's vision may have been too simple.
Constitutional theory is heavily concentrated in the area of judicial review, and the three issues raised in Marbury v. Madison are still subjects of heated debate and controversy. It is remarkable how topical this opinion remains.
Can The Eu Be A Constitutional System Without Universal Access To Judical Review, Brian Libgober
Can The Eu Be A Constitutional System Without Universal Access To Judical Review, Brian Libgober
Michigan Journal of International Law
This Comment engages with a central dilemma about the legal order of the European Union: is the EU a constitutional system, a treaty system, or a hybrid system for which we must develop a new conceptual vocabulary? Besides intrinsic interest, resolving this categorization problem is important for deciding a number of issues in European Union law. For example, are legal strategies that are normally available to parties in international law viable in the European legal order? Should Community law be supreme over national law? If so, what limits should be placed on that supremacy, and “who should have the ultimate …
Agency Adjudication And Judicial Nondelegation: An Article Iii Canon, Mila Sohoni
Agency Adjudication And Judicial Nondelegation: An Article Iii Canon, Mila Sohoni
Northwestern University Law Review
The rules governing judicial review of adjudication by federal agencies are insensitive to a critical separation of powers principle. Article III jurisprudence requires different treatment of agency adjudication depending on whether the agency is adjudicating a “private right” or a “public right.” When agencies adjudicate private rights, review of the agency adjudication must be available to an Article III court on a direct appellate basis. In contrast, Article III jurisprudence does not require review to an Article III court on a direct appellate basis of agency adjudications of purely public rights. That means that federal courts reviewing agency adjudications of …