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Full-Text Articles in Law

Elbert Parr Tuttle, Alfred C. Aman Jan 1996

Elbert Parr Tuttle, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Paradise Lost, Paradigm Found: Redefining The Judiciary's Imperiled Role In Congress, Charles G. Geyh Jan 1996

Paradise Lost, Paradigm Found: Redefining The Judiciary's Imperiled Role In Congress, Charles G. Geyh

Articles by Maurer Faculty

Long perceived as acting in splendid isolation, the legislative and judicial branches have become increasingly intertwined. The judiciary is becoming more involved in the legislative province of statutory reform, and Congress has inserted itself more frequently into the judicial territory of procedural rulemaking. In this article, Professor Geyh observes that a new, interactive paradigm has replaced the perceived model of separation and delegation between the brandies. As the judiciary and Congress have grown more enmeshed, the judiciary's reputation has suffered, both from a Watergate-vintage mistrust of all things governmental and from a perception that judicial activism is born of self-interest …