Law Commons^™

Tom Delay: Popular Constitutionalist?, Neal Devins

Neal E. Devins

No abstract provided.

The Judicial Safeguards Of Federalism, Neal Devins

Neal E. Devins

No abstract provided.

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

Neal E. Devins

No abstract provided.

Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove

Tara L. Grove

No abstract provided.

Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese

Alan J. Meese

No abstract provided.

The Method In Fiduciary Law's Mixed Messages, Evan J. Criddle

Evan J. Criddle

No abstract provided.

Liberty In Loyalty: A Republican Theory Of Fiduciary Law, Evan J. Criddle

Evan J. Criddle

Conventional wisdom holds that the fiduciary duty of loyalty is a prophylactic rule that serves to deter and redress harmful opportunism. This idea can be traced back to the dawn of modern fiduciary law in England and the United States, and it has inspired generations of legal scholars to attempt to explain and justify the duty of loyalty from an economic perspective. Nonetheless, this Article argues that the conventional account of fiduciary loyalty should be abandoned because it does not adequately explain or justify fiduciary law’s core features.

The normative foundations of fiduciary loyalty come into sharper focus when viewed …

Chevron Deference And Treaty Interpretation, Evan J. Criddle

Evan J. Criddle

No abstract provided.

Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins

Neal E. Devins

No abstract provided.

Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins

Neal E. Devins

No abstract provided.

Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins

Neal E. Devins

No abstract provided.

Book Review Of The Second American Revolution, Neal Devins

Neal E. Devins

No abstract provided.

The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas

Davison M. Douglas

Marbury v. Madison is today indisputably one of the "great cases" of American constitutional law because of its association with the principle of judicial review. But for much of its history, Marbury has not been regarded as a seminal decision. Between 1803 and 1887, the Supreme Court never once cited Marbury for the principle of judicial review, and nineteenth century constitutional law treatises were far more likely to cite Marbury for the decision's discussion of writs of mandamus or the Supreme Court's original jurisdiction than for its discussion of judicial review. During the late nineteenth century, however, the exercise of …

When Is Finality Final? Second Chances At The Supreme Court, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.

When Is Finality . . . Final? Rehearing And Resurrection In The Supreme Court, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.