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Articles 1 - 3 of 3
Full-Text Articles in Law
Rules To Impeach By - What It Takes To Remove A President, David Dittfurth
Rules To Impeach By - What It Takes To Remove A President, David Dittfurth
Faculty Articles
Professor David Dittfurth explains the steps that must be taken by Congress to impeach a president or other official.
Judicial Choice Among Cases For Certiorari, Tonja Jacobi, Álvaro Bustos
Judicial Choice Among Cases For Certiorari, Tonja Jacobi, Álvaro Bustos
Faculty Articles
How does the Supreme Court choose among cases to grant cert? In a model with a strategic Supreme Court, a continuum of rule-following lower courts, a set of potential cases for revision, and a distribution of future lower court cases, we show that the Court takes the case that will most significantly shape future lower court case outcomes in the direction that the Court prefers. That is, the Court grants cert to the case with maximum salience. If the Court is rather liberal (or conservative), then the most salient case is that which moves the discretionary range of the legal …
State Standing For Nationwide Injunctions Against The Federal Government, Jonathan R. Nash
State Standing For Nationwide Injunctions Against The Federal Government, Jonathan R. Nash
Faculty Articles
Recent years have seen a substantial increase of cases in which states seek, and indeed obtain, nationwide injunctions against the federal government. These cases implicate two complicated questions: first, when a state has standing to sue the federal government, and second, when a nationwide injunction is a proper form of relief. For their part, scholars have mostly addressed these questions separately. In this Essay, I analyze the two questions together. Along the way, I identify drawbacks and benefits of nationwide injunctions, as well as settings where nationwide injunctions may be desirable and undesirable. I present arguments that, although I do …