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Articles 1 - 18 of 18
Full-Text Articles in Law
The Constitution, The Legislature, And Unfair Surprise: Toward A Reliance-Based Approach To The Contract Clause, Robert A. Graham
The Constitution, The Legislature, And Unfair Surprise: Toward A Reliance-Based Approach To The Contract Clause, Robert A. Graham
Michigan Law Review
This Note argues that the Court should return to a reliance-based approach to Contract Clause challenges, fashioned loosely along the same lines as the HRID. Although it does not advocate that the Court revivify the rules created by the early decisions, the Note proposes that the Court look to the private parties' expectations and, more specifically, to the reasonableness of those expectations in deciding the clause's applicability to a particular case. Part I provides a brief history of the Contract Clause and its development. This Part follows the clause from the Constitutional Convention through the 1980s to illustrate the Court's …
Judicial Review Of Defensive Tactics In Proxy Contests: When Is Using A Rights Plan Right?, Randall S. Thomas
Judicial Review Of Defensive Tactics In Proxy Contests: When Is Using A Rights Plan Right?, Randall S. Thomas
Vanderbilt Law Review
Proxy contests have reemerged recently as an important part of the market for corporate control. After years of indifference to corporate elections, dissident shareholders have turned once again to the ballot box as a means of removing unwanted management. In a surprisingly large number of these battles, the challengers have succeeded in getting all or much of what they wanted."
The resurgence of proxy contests has sparked renewed interest by incumbent managements in developing powerful new defensive tactics in corporate elections. Incumbents' time-honored campaign strategies, such as switching the annual shareholders' meeting date, or restricting the potential candidates who can …
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Indiana Law Journal
No abstract provided.
Dialogue And Judicial Review, Barry Friedman
Dialogue And Judicial Review, Barry Friedman
Michigan Law Review
This article argues that most normative legal scholarship regarding the role of judicial review rests upon a descriptively inaccurate foundation. The goal of this article is to redescribe the landscape of American constitutionalism in a manner vastly different than most normative scholarship. At times this article slips across the line into prescription, but by and large the task is descriptive. The idea is to clear the way so that later normative work can proceed against the backdrop of a far more accurate understanding of the system of American constitutionalism.
This article proceeds in three separate parts. Parts I and II …
Vmi Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides
Vmi Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides
Washington and Lee Law Review
No abstract provided.
Pluralism, The Prisoner's Dilemma, And The Behavior Of The Independent Judiciary, Thomas W. Merrill
Pluralism, The Prisoner's Dilemma, And The Behavior Of The Independent Judiciary, Thomas W. Merrill
Faculty Scholarship
Discussions of Thayer's conception of judicial review, as this symposium amply demonstrates, tend to be normative. Professor Nick Zeppos's paper, which offers more of a positive analysis, is therefore a welcome addition. Zeppos's paper includes three especially valuable insights. First, he demonstrates the close parallel between Thayer's theory of judicial review and the Supreme Court's Chevron doctrine. The former would have the judiciary enforce clear constitutional commands but otherwise defer to legislative understandings of constitutional meaning; the latter would have courts enforce clear legislative commands but otherwise defer to administrative interpretations of statutes. Second, he offers evidence that in both …
For The Civil Practitioner Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992
Washington and Lee Law Review
No abstract provided.
Administrative Appeal Reform: The Case Of The Forest Service, Robert L. Fischman, Bradley C. Bobertz
Administrative Appeal Reform: The Case Of The Forest Service, Robert L. Fischman, Bradley C. Bobertz
Articles by Maurer Faculty
No abstract provided.
Three Mistakes About Interpretation, Paul Campos
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Publications
No abstract provided.
Disagreement And Interpretation, Robert F. Nagel
Prosecutorial Discretion And Substantial Assistance: The Power And Authority Of Judicial Review - United States V. Wade, John S. Austin
Prosecutorial Discretion And Substantial Assistance: The Power And Authority Of Judicial Review - United States V. Wade, John S. Austin
Campbell Law Review
This Note analyzes the Wade case and argues that the Supreme Court correctly found that a district court can review any prosecutorial decision when it is based on an unconstitutional basis. First, the Note addresses the case history and background behind "substantial assistance" and the Guidelines. Second, it analyzes the reasoning of the Court: whether the ruling furthers the purpose of the Guidelines; whether protections under the Due Process Clause apply; whether the ruling is consistant with other holdings concerning analogous prosecutorial powers; and whether a threshold showing of unconstitutional bias is a necessary prerequisite before review. Third, it discusses …
The Aspirational Constitution, Robin West
The Aspirational Constitution, Robin West
Georgetown Law Faculty Publications and Other Works
Firmly embedded in every theory of judicial decisionmaking lies an important set of assumptions about the way government is supposed to work. Sometimes these theories about government are made explicit. More often they are not. Moreover, deeply embedded in every theory of government is a theory of human nature. Although these assumptions about human nature generally remain latent within the larger theory, because they provide the underpinnings for our ideas about the way government is supposed to work, they drive our notions about judicial decisionmaking. For example, the theory of government reflected in the United States Constitution reveals what one …
Putting The Correct "Spin" On Lucas, Richard J. Lazarus
Putting The Correct "Spin" On Lucas, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
Part I describes and discusses the significance of the Lucas majority's desire to draft an opinion making environmental regulations more susceptible to takings challenges. Part II identifies the majority's antiquated notions of the physical and social function of real property as the source of the majority's misguided efforts. Finally, Part III describes how the majority's analytical framework may ultimately make it easier, rather than harder, for environmental protection measures to survive takings challenges.
Judicial Review And Cercla Response Actions: Interpretive Strategies In The Face Of Plain Meaning, Michael P. Healy
Judicial Review And Cercla Response Actions: Interpretive Strategies In The Face Of Plain Meaning, Michael P. Healy
Law Faculty Scholarly Articles
This Article examines the role courts play under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) in cleaning up releases of hazardous substances. Congress intended the courts to have an important role in implementing the cleanup process-particularly in defining the scope of liability for CERCLA cleanups. But Congress also included a broadly-worded provision that forecloses federal judicial review of CERCLA cleanups unless the review action falls within several narrowly-defined exceptions.
Notwithstanding the terms of the provision foreclosing review, litigants have turned to the courts, asserting that immediate review should be available in cases beyond those exceptional proceedings. Those asserting …
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Publications
No abstract provided.
Vacating Arbitrators' Awards Under The Public Policy Exception: Are Courts Second-Guessing Arbitrators' Decisions, Laurie A. Tribble
Vacating Arbitrators' Awards Under The Public Policy Exception: Are Courts Second-Guessing Arbitrators' Decisions, Laurie A. Tribble
Villanova Law Review
No abstract provided.
Constitutional Law And The Myth Of The Great Judge, Michael S. Ariens
Constitutional Law And The Myth Of The Great Judge, Michael S. Ariens
Faculty Articles
One of the enduring myths of American history, including constitutional history, is that of the “Great Man” or “Great Woman.” The idea is that, to understand the history of America, one needs to understand the impact made by Great Men and Women whose actions affected the course of history. In political history, one assays the development of the United States through the lives of great Americans, from the “Founders” to Abraham Lincoln to John F. Kennedy. Similarly, in constitutional history, the story is told through key figures, the “Great Judges,” from John Marshall to Oliver Wendell Holmes to Earl Warren. …