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Full-Text Articles in Law
Courts, Constitutionalism, And State Capacity: A Preliminary Inquiry, Madhav Khosla, Mark Tushnet
Courts, Constitutionalism, And State Capacity: A Preliminary Inquiry, Madhav Khosla, Mark Tushnet
Faculty Scholarship
Modern constitutional theory deals almost exclusively with the mechanisms for controlling the exercise of public power. In particular, the focus of constitutional scholars lies in explaining and justifying how courts can effectively keep the exercise of public power within bounds. But there is little point in worrying about the excesses of government power when the government lacks the capacity to get things done in the first place. In this Article, we examine relations between the courts, constitutionalism, and state capacity other than through limiting state power. Through a series of case studies, we suggest how courts confront the problem of …
Courts, Constitutions, And Public Finance: Some Recent Experiences From The States, Richard Briffault
Courts, Constitutions, And Public Finance: Some Recent Experiences From The States, Richard Briffault
Faculty Scholarship
Unlike the federal Constitution, virtually all state constitutions give detailed attention to questions of public finance. State constitutions limit spending, mandate certain types of spending, constrain taxation and debt, and require special procedures for enacting a budget. One consequence of the constitutionalization of the state fisc is its judicialization, as these measures trigger litigation. Fiscal and political conflicts turn into legal disputes, with courts joining governors and legislatures in shaping state budgets and making state fiscal policy.
This chapter provides an early-21st-century snapshot of the state constitutional law of state finance through a survey of six recent state supreme court …
Ultra Vires And The Foundations Of Judicial Review, Paul Craig
Ultra Vires And The Foundations Of Judicial Review, Paul Craig
Articles by Maurer Faculty
No abstract provided.
Questioning Intervention Of Right -- Toward A New Methodology Of Decisionmaking, Gene R. Shreve
Questioning Intervention Of Right -- Toward A New Methodology Of Decisionmaking, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.