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.

Chevron Deference Conflicts With The Administrative Procedure Act, Richard O. Faulk

Richard Faulk

Although Chevron’s reasoning stresses the expertise of agencies as a basis for deference, the APA plainly delegates final interpretive authority to the courts. Since there is no statutory basis for superseding or diminishing the judicial role in the interpretive process, there is no justification for using deferential review to bypass the judiciary’s primary responsibility. It is time—indeed past time—for the Supreme Court to exercise its singular constitutional authority to declare “what the law is”—and to curb the increasingly intrusive and overreaching authority seized by the Executive Branch. The American people, from whom all authority is derived, are entitled to be …

The Judicial Safeguards Of Federalism, John C. Yoo

John C Yoo

No abstract provided.

Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo

John C Yoo

No abstract provided.

Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?, Jeffrey Lubbers

Jeffrey Lubbers

Whither Sexual Orientation Analysis?: The Proper Methodology When Due Process And Equal Protection Intersect, Sharon E. Rush

Sharon E. Rush

This Article suggests that there is Proper Methodology that courts apply when reviewing cases at the intersection of due process and equal protection. Briefly, courts operate under a rule that heightened review applies if either a fundamental right or a suspect class is involved in a case, and that rational basis review applies if neither is involved (the "Rule"). Two primary exceptions to the Rule exist, and this Article identifies them as the "Logical" and "Ill Motives" Exceptions. The Logical Exception applies when a court need not apply heightened review because a law fails rational basis review. The Ill Motives …

Protecting Free Exercise Of Religion Under The Indian And The United States Constitutions - The Doctrine Of Essential Practices And The Centrality Test, Khagesh Gautam Prof.

Khagesh Gautam

Jurisdiction Revisited: The Inherent Supervisory Power Of The Courts To Review Administrative Decisions - The Case Of R (Ignaoua) V Sshd [2013] Ewca Civ 1498, Patrick Matthew Hassan-Morlai

Patrick Matthew Hassan-Morlai

The Court of Appeal handed down its decision in R (Ignaoua) v SSHD on 21 November. Ignaoua emphasizes that Parliament does not purport to remove the court’s jurisdiction to entertain judicial review proceedings under Section 15 of the Justice and Security Act 2013. This paper argues that the provisions in both the primary and secondary legislation in Ignaoua are clear enough to convey Parliament’s intention to give the Home Secretary the power to terminate judicial review proceedings or appeal from judicial review proceedings relating to a direction to exclude a foreign national from the United Kingdom. However, the Court of …

Judicial Review And Its Alternatives: An American Tale, Daniel A. Farber

Daniel A Farber

No abstract provided.

Observations On The Guarantee Clause - As Thoughtfully Addressed By Justice Linde And Professor Eule, Jesse H. Choper

Jesse H Choper

No abstract provided.

Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo

Jesse H Choper

No abstract provided.

Why The Supreme Court Should Not Have Decided The Presidential Election Of 2000, Jesse H. Choper

Jesse H Choper

This short article briefly discusses the two substantive issues in Bush v. Gore. Its major thesis, however, is that the proper role of judicial review dictates the conclusion that the Court's adjudication was unnecessary and unwise, creating a popular perception of partisanship by the Judicial Branch that carries the threat of diminishing the Court's public trust and confidence and endangering its overall effectiveness. The process for contesting the vote was working, to the extent litigation 'works.' The problem was not with the process, imperfect as it was, but that the election produced a statistical dead heat. Although the litigation in …

State Taxation And The Dormant Commerce Clause: The Object-Measure Approach, Jesse H. Choper, Tung Yin

Jesse H Choper

Develops a workable approach for the application of judicial reviews under the Dormant Commerce Clause in the United States. History of the Supreme Court's review of state taxation that affects interstate commerce; Analysis on the problems of Complete Auto test; Application of the object-measure approach without radical modification of Supreme Court doctrine.

Taming Congress's Power Under The Commerce Clause: What Does The Near Future Portend, Jesse H. Choper

Jesse H Choper

No abstract provided.

Federalism And Judicial Review: An Update, Jesse H. Choper

Jesse H Choper

No abstract provided.

Constitutional Standing In Singapore: A Comment On Tan Eng Fong V Attorney General, Shubhankar Dam

Shubhankar Dam

No abstract provided.