Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 32 of 32

Full-Text Articles in Law

Much Ado About Nothing?, Cary Coglianese Jan 2008

Much Ado About Nothing?, Cary Coglianese

All Faculty Scholarship

Policy scholars and decision makers should be careful before concluding that President Bush's recent Executive Order 13422 will result in "paralysis by analysis." That lament has been heard about other changes to rule making procedures over the last seven decades, yet steady increases in the cost and volume of federal regulations during that time period clearly indicate that paralysis has yet to set in. Administrative procedures are embedded within a complex web of politics, institutions, and organizational behavior. Within that web, procedures are but one factor influencing government agencies.


Polyphonic Stare Decisis: Listening To Non-Article Iii Actors, Kermit Roosevelt Iii Jan 2008

Polyphonic Stare Decisis: Listening To Non-Article Iii Actors, Kermit Roosevelt Iii

All Faculty Scholarship

This article explores the input that non-Article III actors can and should have in the Supreme Court’s decision to reconsider a prior constitutional decision. It employs a model of constitutional decision-making that distinguishes between the articulation of constitutional meaning and the construction of constitutional doctrine to identify several different stages at which a court can adhere to or depart from precedent and examines the persuasive power of non-Article III input at each stage.