Law Commons^™

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

Douglas C Harris

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …

The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone

Linda A. Malone

No abstract provided.

Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

Rights Warnings In The Armed Services, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

U.S. V. Mcomber, A Brief Critique, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

From Rome To The Military Justice Acts Of 2016 And Beyond: Continuing Civilianization Of The Military Criminal Legal System, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

The New Doj: Lessons Learned From The Ticketmaster Live Nation Decision, Alan J. Meese

Alan J. Meese

No abstract provided.

Cc 73 And The Birth Of The Modern Louisiana Two-Party System, Wayne Parent, Jeremy Mhire

Jeremy Mhire

No abstract provided.

Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian

Timothy Zick

No abstract provided.

Third Time's The Charm, Marcus Walker

Marcus Walker

Profiles Of Child Sex Traffickers: A Forensic Behavior Analysis, Joan A. Reid, Bryanna Fox

Joan A Reid, Ph.D.

Forward: Some Puzzles Of State Standing, Tara Leigh Grove

Tara L. Grove

When should states have standing? In recent years, there has been an explosion in literature on that question.1 Yet, even today, there seem to be as many questions as answers. In this Foreword to the Notre Dame Law Review’s 2019 Federal Courts, Practice, and Procedure Symposium on state standing, I discuss a few such puzzles. First, should states have “special” standing when they sue the federal government—that is, greater access to federal court than private parties? Second, and conversely, should states have at least “equal” access to federal court, or should they face more barriers than private parties? These questions …

The Law: Defending Congress’S Interests In Court: How Lawmakers And The President Bargain Over Department Of Justice Representation, Neal Devins

Neal E. Devins

In understanding the willingness of government lawyers to defend the constitutionality of federal statutes, this article will explain why presidents rarely make use of their powers under the Constitution (allowing the president to refuse to defend laws he finds unconstitutional) and under federal law (placing the control of most government litigation with the attorney general). Attention will be paid both to how Department of Justice lawyers enhance their power by defending federal statutes and to how Congress, if need be, can pressure the department to bow to lawmaker preferences. In consequence, when the president refuses to defend a statute, courts …

Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum

Neal E. Devins

No abstract provided.

Congress, The Courts, And Party Polarization: Why Congress Rarely Checks The President And Why The Courts Should Not Take Congress’S Place, Neal Devins

Neal E. Devins

No abstract provided.

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 …

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

Neal E. Devins

No abstract provided.

What Standards Apply When Freedoms Collide?, Neal Devins

Neal E. Devins

No abstract provided.

Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins

Neal E. Devins

No abstract provided.

What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins

Neal E. Devins

No abstract provided.

The Vanishing Common Law Judge, Neal Devins, David Klein

Neal E. Devins

The common law style of judging appears to be on its way out. Trial courts rarely shape legal policymaking by asserting decisional autonomy through distinguishing, limiting, or criticizing higher court precedent. In an earlier study, we demonstrated the reluctance of lower court judges to assert decisional autonomy by invoking the holding–dicta dichotomy. In this Article, we make use of original empirical research to study the level of deference U.S. district court judges exhibit toward higher courts and whether the level of deference has changed over time. Our analysis of citation behavior over an eighty-year period reveals a dramatic shift in …

Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins

Neal E. Devins

No abstract provided.

Tom Delay: Popular Constitutionalist?, Neal Devins

Neal E. Devins

No abstract provided.

Tribute To John Donaldson, Neal Devins

Neal E. Devins

No abstract provided.

The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz

Neal E. Devins

No abstract provided.

The Trouble With Jaycees, 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

Neal E. Devins

No abstract provided.

The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel

Neal E. Devins

No abstract provided.