Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Due process (2)
- Administative Law (1)
- Administrative Procedure Act (1)
- Article III (1)
- Authority (1)
-
- Chevron deference (1)
- Civil litigation (1)
- Civil rights (1)
- Class warfare (1)
- Constitutional law (1)
- Constitutional remedies (1)
- Correctional facilities (1)
- Democracy (1)
- Discovery cost (1)
- Economic inequality (1)
- Equal protection (1)
- Funding constraints (1)
- Gender discrimination (1)
- Interpreting statutes (1)
- Judicial power (1)
- Legal history (1)
- Originalism (1)
- Separation of powers (1)
- Statutory delegation (1)
- Telemedicine (1)
- The consent exception (1)
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Discovery Cost Allocation, Due Process, And The Constitution's Role In Civil Litigation, Martin H. Redish
Discovery Cost Allocation, Due Process, And The Constitution's Role In Civil Litigation, Martin H. Redish
Vanderbilt Law Review
The issue of discovery cost allocation, long ignored by both courts and scholars, has become something of a cause celebre in the last few years. An article which I coauthored on the subject was part of that renewed interest.' In 2011, my former student, Colleen McNamara, and I wrote an article urging a dramatic change not only in the manner of how discovery costs are allocated, but an entirely new way of understanding the concept of discovery costs. 2 Since the original promulgation of the Federal Rules of Civil Procedure in 1938, it has been universally assumed that discovery costs …
The Constitutional Case For "Chevron" Deference, Jonathan R. Siegel
The Constitutional Case For "Chevron" Deference, Jonathan R. Siegel
Vanderbilt Law Review
An icon of administrative law is under attack. Prominent figures in the legal world are attacking Chevron. The critics could hardly have gone after a bigger target. Chevron is the most-cited administrative law case of all time. Every law student who has taken a basic course in administrative law is familiar with the principle of "Chevron deference," under which courts must defer to an executive agency's reasonable interpretation of an ambiguous provision of a statute the agency administers. The current attack on Chevron does not merely suggest that courts should limit the case's application. It is true that the Supreme …
Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick
Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick
Vanderbilt Law Review
Article III confers the judicial power on the federal courts, and it provides the judges of those courts with life tenure and salary guarantees to ensure that they decide disputes according to law instead of popular pressure. Despite this careful arrangement, the Supreme Court has not restricted the judicial power to the Article III courts. Instead, it has held that Article I tribunals-whose judges do not enjoy the salary and tenure guarantees provided by Article III-may adjudicate disputes if the parties consent to the tribunals' jurisdiction. This consent exception provides the basis for thousands of adjudications by Article I judges …
Interpreting An Unamendable Text, Thomas W. Merrill
Interpreting An Unamendable Text, Thomas W. Merrill
Vanderbilt Law Review
Many of the most important legal texts in the United States are highly unamendable. This applies not only to the Constitution, which has not been amended in over forty years, but also to many framework statutes, like the Administrative Procedure Act and the Sherman Antitrust Act. The problem is becoming increasingly severe, as political polarization makes amendment of these texts even more unlikely. This Article considers how interpreters should respond to highly unamendable texts. Unamendable texts have a number of pathologies, such as excluding the people and their representatives from any direct participation in legal change. They also pose an …
Restore, Revert, Repeat: Examining The Decompensation Cycle And The Due Process Limitations On The Treatment Of Incompetent Defendants, Margaret W. Smith
Restore, Revert, Repeat: Examining The Decompensation Cycle And The Due Process Limitations On The Treatment Of Incompetent Defendants, Margaret W. Smith
Vanderbilt Law Review
Though correctional facilities are one of the largest providers of mental health care in the country, the treatment provided often fails to address the needs of many mentally ill inmates. Indeed, after receiving treatment at a state mental health facility, many pretrial detainees who have been recently restored to competency revert to an incompetent state-or decompensate-upon their return to jail, at which point they must return to the state treatment facility to be restored to competency once again. This Note is the first to explore this "decompensation cycle," highlighting the significance of the problem and demonstrating how mental health treatment …
Equal Protection For Equal Play: A Constitutional Solution To Gender Discrimination In International Sports, Jenna N. Rowan
Equal Protection For Equal Play: A Constitutional Solution To Gender Discrimination In International Sports, Jenna N. Rowan
Vanderbilt Journal of Entertainment & Technology Law
This Note considers the extent of gender discrimination in international sports, providing an overview of gender discrimination in sports and detailing the inadequacies of current statutory remedies. Additionally, this Note describes why constitutional remedies are unavailable for these athletes, highlighting a 1987 Supreme Court case holding that sports governing bodies are not state actors. This Note proposes overruling that case to hold instead that international sports governing bodies are state actors and are, therefore, subject to the provisions in the US Constitution. Under this solution, international athletes could bring gender discrimination claims against these bodies under an equal protection rationale.
The Middle-Class Constitution: A Response, Ganesh Sitaraman
The Middle-Class Constitution: A Response, Ganesh Sitaraman
Vanderbilt Law School Faculty Publications
I am very grateful to the Boston University Law Review for bringing together such a terrific group of scholars to engage with my book, The Crisis of the Middle-Class Constitution: Why Economic Inequality Threatens Our Republic. It is a testament to the work and excellence of the Boston University Law Review that they pulled together such an intellectually engaging group of commentators. My deepest thanks also to Professors Markovits, Rahman, Lyons, Epstein, and Somin for taking the time to read the book and comment on it.
Debating The Past's Authority In Alabama, Sara Mayeux
Debating The Past's Authority In Alabama, Sara Mayeux
Vanderbilt Law School Faculty Publications
With some exceptions, the major project of civil rights litigators today is not forward movement but the work of preserving as much as possible the gains of the 1960s against legal and political battering.29 Meanwhile, and ironically, the rise of conservative progress metanarratives reflects the achievement of both liberal and radical scholars of forcing into mainstream discourse greater recognition of the evils of slavery and Jim Crow. Respectable conservatives now join in denouncing the most flagrant forms of racial terror running through the American past (pace certain allies of the Trump Administration). But doing so places them in a bind, …
Funding Restrictions And Separation Of Powers, Zachary S. Price
Funding Restrictions And Separation Of Powers, Zachary S. Price
Vanderbilt Law Review
Congress's "power of the purse"-its authority to deny access to public funds-is one of its most essential constitutional authorities. A central mechanism through which English parliaments clawed liberty from reluctant monarchs, it remains a crucial check on executive overreaching. It may provide power to stop a president in his tracks. And yet, two centuries after the founding, the scope of this congressional power and its relationship with constitutional executive authorities remains both contested and inadequately theorized.