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Articles 1 - 30 of 53
Full-Text Articles in Law
The Federalist Society Majority, Lawrence Baum, Neal Devins
The Federalist Society Majority, Lawrence Baum, Neal Devins
Neal E. Devins
No abstract provided.
Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum
Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum
Neal E. Devins
No abstract provided.
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Neal E. Devins
With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …
What Standards Apply When Freedoms Collide?, Neal Devins
What Standards Apply When Freedoms Collide?, Neal Devins
Neal E. Devins
No abstract provided.
What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins
What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins
Neal E. Devins
No abstract provided.
Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins
Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins
Neal E. Devins
No abstract provided.
The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts
The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts
Neal E. Devins
No abstract provided.
The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel
The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel
Neal E. Devins
No abstract provided.
The Supreme Court And Private Schools: An Update, Neal Devins
The Supreme Court And Private Schools: An Update, Neal Devins
Neal E. Devins
No abstract provided.
The Majoritarian Rehnquist Court?, Neal Devins
The Possible Final Word On Employment Discrimination Relief, Neal Devins
The Possible Final Word On Employment Discrimination Relief, Neal Devins
Neal E. Devins
No abstract provided.
The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins
Neal E. Devins
No abstract provided.
The D'Oh! Of Popular Constiutitonalism, Neal Devins
The D'Oh! Of Popular Constiutitonalism, Neal Devins
Neal E. Devins
No abstract provided.
The Bob Jones Case - Over To Congress, Neal Devins
The Bob Jones Case - Over To Congress, Neal Devins
Neal E. Devins
No abstract provided.
The Amicus Machine, Allison Orr Larsen, Neal Devins
The Amicus Machine, Allison Orr Larsen, Neal Devins
Neal E. Devins
The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …
Should The Supreme Court Fear Congress?, Neal Devins
Should The Supreme Court Fear Congress?, Neal Devins
Neal E. Devins
No abstract provided.
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Neal E. Devins
No abstract provided.
Split Definitive, Lawrence Baum, Neal Devins
Split Definitive, Lawrence Baum, Neal Devins
Neal E. Devins
For the first time in a century, the Supreme Court is divided solely by political party.
Social Meaning And School Vouchers, Neal Devins
Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins
Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins
Neal E. Devins
No abstract provided.
School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins
School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins
Neal E. Devins
No abstract provided.
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Neal E. Devins
No abstract provided.
Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins
Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins
Neal E. Devins
No abstract provided.
Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins
Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins
Neal E. Devins
No abstract provided.
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Neal E. Devins
No abstract provided.
Ideological Cohesion And Precedent (Or Why The Court Only Cares About Precedent When Most Justices Agree With Each Other), Neal Devins
Neal E. Devins
This Article examines the profound role that ideological cohesion plays in explaining the Supreme Court's willingness to advance a coherent vision of the law - either by overruling precedents inconsistent with that vision or by establishing rule-like precedents intended to bind the Supreme Court and lower courts in subsequent cases. Through case studies of the New Deal, Warren, and Rehnquist Courts, this Article calls attention to key differences between Courts in which five or more Justices pursue the same substantive objectives and Courts which lack a dominant voting block. In particular, when five or more Justices pursue the same substantive …
Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins
Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins
Neal E. Devins
No abstract provided.
Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins
Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins
Neal E. Devins
Supreme Court Justices care more about the views of academics, journalists, and other elites than they do about public opinion. This is true of nearly all Justices and is especially true of swing Justices, who often cast the critical votes in the Court’s most visible decisions. In this Article, we will explain why we think this is so and, in so doing, challenge both the dominant political science models of judicial behavior and the significant work of Barry Friedman, Jeffrey Rosen, and others who link Supreme Court decision making to public opinion.
Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins
Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins
Neal E. Devins
No abstract provided.
Zelman V. Simmons-Harris, Neal Devins