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Full-Text Articles in Law
The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell
The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell
Scholarly Articles
Jurisdiction stripping is seen as a nuclear option. Its logic is simple: By depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To its critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction-stripping measures as a way for Congress to reclaim policymaking authority from the courts.
The conventional understanding is wrong. Whatever …
Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman
Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman
Scholarly Articles
The Trump Administration’s extravagant claims of executive power have focused the federal courts’ attention on separation of powers, judicial review, and equitable jurisdiction to grant broad injunctions that forbid the administration’s violations of the Constitution and federal statutes. Critics question the federal courts’ power to grant broad injunctions that are effective everywhere. These critics maintain, among other things, that the federal courts lack jurisdiction and that broad injunctions improperly affect nonparties and militate against “percolation” of issues in a variety of courts.
This Article examines the critics’ arguments and finds them unconvincing. Accepting the critics’ arguments would rebalance the separation …
The Real Constitutional Problem With The Affordable Care Act, Timothy Stoltzfus Jost
The Real Constitutional Problem With The Affordable Care Act, Timothy Stoltzfus Jost
Scholarly Articles
Not available.
Speaking Outdoors, Lewis H. Larue
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Scholarly Articles
None available.
Statutory Interpretation: Lord Coke Revisted, Lewis H. Larue
Statutory Interpretation: Lord Coke Revisted, Lewis H. Larue
Scholarly Articles
Not available.
Bring Back The Legislative Veto: A Proposal For A Constitutional Amendment, Rodney A. Smolla
Bring Back The Legislative Veto: A Proposal For A Constitutional Amendment, Rodney A. Smolla
Scholarly Articles
None available.
Beyond Contempt: Obligors To Injunctions, Doug Rendleman
Beyond Contempt: Obligors To Injunctions, Doug Rendleman
Scholarly Articles
None available