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Full-Text Articles in Law

The Legal Debate Over The Senate's Rules: A Dialogue, Aaron-Andrew P. Bruhl Sep 2019

The Legal Debate Over The Senate's Rules: A Dialogue, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


The Senate: Out Of Order?, Aaron-Andrew P. Bruhl Sep 2019

The Senate: Out Of Order?, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

Due to the routine use of the filibuster and related devices, today’s Senate operates as a supermajoritarian body. This Symposium Article considers whether this supermajoritarian aspect of the Senate renders it dysfunctional and, if so, what can be done about it. I contend that the Senate is indeed broken. Its current supermajoritarian features have pernicious effects. Further, and contrary to the claims of many of the Senate’s defenders, this aspect of the Senate is not part of the original design. I go on to explain why the Senate’s procedures, despite their deficiencies, have nonetheless proven resistant to reform. The impediment …


If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl Sep 2019

If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.