Law Commons^™

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank

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Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as …

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

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Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in …

The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr.

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In less than a decade, Delaware’s legislature has overruled its courts and reshaped Delaware corporate law on two different occasions, with proxy access bylaws in 2009 and with shareholder litigation bylaws in 2015. Having two dramatic interventions in quick succession would be puzzling under any circumstances. The interventions are doubly puzzling because with proxy access, Delaware’s legislature authorized the use of bylaws or charter provisions that Delaware’s courts had banned; while with shareholder litigation, it banned bylaws or charter provisions that the courts had authorized. This Article attempts to unravel the puzzle.

I start with corporate law doctrine, and find …

Administrative Law: The U.S. And Beyond, Cary Coglianese

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Administrative law constrains and directs the behavior of officials in the many governmental bodies responsible for implementing legislation and handling governance responsibilities on a daily basis. This field of law consists of procedures for decision making by these administrative bodies, including rules about transparency and public participation. It also encompasses oversight practices provided by legislatures, courts, and elected executives. The way that administrative law affects the behavior of government officials holds important implications for the fulfillment of democratic principles as well as effective governance in society. This paper highlights salient political theory and legal issues fundamental to the U.S. administrative …

Agenda: The National Forest Management Act In A Changing Society, 1976-1996: How Well Has It Worked In The Past 20 Years?: Will It Work In The 21st Century?, University Of Colorado Boulder. Natural Resources Law Center, Colorado State University, Oregon State University, Pinchot Institute For Conservation, Syracuse University. Maxwell School Of Citizenship And Public Affairs

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

Conference speakers include University of Colorado School of Law professors David H. Getches and Charles F. Wilkinson.

Jack Ward Thomas, Chief of the USDA Forest Service, will be a featured speaker at the Center's annual public lands conference, commemorating the 20th anniversary of the National Forest Management Act. This year's conference is sponsored by Colorado State University, Oregon State University, Pinchot Institute for Conservation, and the Maxwell School of Citizenship and Public Affairs at Syracuse University.

When Congress passed NFMA in 1976, few would have imagined the enormity of the changes in the world in technology, science and population we …