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The Most Dangerous Justice Rides Into The Sunset, Paul H. Edelman, Jim Chen
The Most Dangerous Justice Rides Into The Sunset, Paul H. Edelman, Jim Chen
Vanderbilt Law School Faculty Publications
In this essay, our third and last in a series, we employ our previously developed techniques to measure the power of the Justices in the Rehnquist Court over its full 11 year run. Once again, Justice Kennedy rises to the top of our rankings, as he had done earlier. Our methods identify Justices Souter, Breyer and Ginsburg as being notable either for their influence or lack thereof. In addition, we rejoin the debate on the connection between being the median justice and being the most powerful one. We question whether even the most sophisticated methods of finding the median justice …
Federalism And Accountability, Timothy Meyer
Federalism And Accountability, Timothy Meyer
Vanderbilt Law School Faculty Publications
This article examines how one particular state institution, state attorneys general (SAGs), has operated within a unique set of institutional and political constraints to create state-based regulation with nationwide impact in policy areas including consumer protection, antitrust, environmental regulation, and securities regulation. This state-based regulation casts doubt on one of the principle rationales advanced in the Supreme Court's anticommandeering line of cases for limiting federal power; namely, that judicially-enforced limits on federal power enhance electoral accountability, a concept central to our democracy. If in the absence of federal regulation narrowly accountable state-based actors from a small number of states can …