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Full-Text Articles in Law

Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton Jan 2021

Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton

Publications

Left unfettered, the twenty-first-century speech environment threatens to undermine critical pieces of the democratic project. Speech operates today in ways unimaginable not only to the First Amendment’s eighteenth-century writers but also to its twentieth-century champions. Key among these changes is that speech is cheaper and more abundant than ever before, and can be exploited — by both government and powerful private actors alike — as a tool for controlling others’ speech and frustrating meaningful public discourse and democratic outcomes.

The Court’s longstanding First Amendment doctrine rests on a model of how speech works that is no longer accurate. This invites …


The Statutory Separation Of Powers, Sharon B. Jacobs Jan 2019

The Statutory Separation Of Powers, Sharon B. Jacobs

Publications

Separation of powers forms the backbone of our constitutional democracy. But it also operates as an underappreciated structural principle in subconstitutional domains. This Article argues that Congress constructs statutory schemes of separation, checks, and balances through its delegations to administrative agencies. Like its constitutional counterpart, the “statutory separation of powers” seeks to prevent the dominance of factions and ensure policy stability. But separating and balancing statutory authority is a delicate business: the optimal balance is difficult to calibrate ex ante, the balance is unstable, and there are risks that executive agencies in particular might seek expansion of their authority vis-à-vis …


How Presidents Interpret The Constitution, Harold H. Bruff Jan 2016

How Presidents Interpret The Constitution, Harold H. Bruff

Publications

No abstract provided.


The President's Faithful Execution Duty, Harold H. Bruff Jan 2016

The President's Faithful Execution Duty, Harold H. Bruff

Publications

No abstract provided.


The President And Congress: Separation Of Powers In The United States Of America, Harold H. Bruff Jan 2014

The President And Congress: Separation Of Powers In The United States Of America, Harold H. Bruff

Publications

Although the framers of the Australian Constitution adopted many features of the United States Constitution, they rejected the separation of legislative and executive power in favour of responsible government in a parliamentary system like that of the United Kingdom. In doing so, Australians depended on existing conventions about the nature of responsible government instead of specification of its attributes in constitutional text. The United States Constitution contains detailed provisions about separation of powers, but unwritten conventions have produced some central features of American government. This article reviews conventions developed by Congress that constrain Presidents in the domestic sphere with regard …


Youngston Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros Jan 2012

Youngston Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros

Publications

My goal in this Article is not to provide a comprehensive survey of the Court's separation of powers cases from 1952 to the present. Rather, I want to present a modest-sized account of this shift from humility to arrogance and to do so not by the direct method of scrupulous narration, but through a combination of stealth and selectivity, with the idea that less could be more. With this model in mind, I have focused on the language of a few representative opinions: Jackson and Frankfurters concurrences in Youngstown, Chief Justice Rehnquist's majority opinion in Dames & Moore v. Regan, …


Placing Your Faith In The Constitution, Harold H. Bruff Jan 2010

Placing Your Faith In The Constitution, Harold H. Bruff

Publications

No abstract provided.


The Incompatibility Principle, Harold H. Bruff Jan 2007

The Incompatibility Principle, Harold H. Bruff

Publications

No abstract provided.


Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser Jan 2001

Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser

Publications

In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …


Nineteenth-Century Orthodoxy, Richard B. Collins Jan 1999

Nineteenth-Century Orthodoxy, Richard B. Collins

Publications

No abstract provided.


Judicial Supremacy And The Settlement Function, Robert F. Nagel Jan 1998

Judicial Supremacy And The Settlement Function, Robert F. Nagel

Publications

No abstract provided.


Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss Jan 1997

Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss

Publications

No abstract provided.


That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff Jan 1995

That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff

Publications

No abstract provided.


Initiative Enigmas, Richard Collins Jan 1994

Initiative Enigmas, Richard Collins

Publications

No abstract provided.


The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff Jan 1993

The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff

Publications

No abstract provided.


Book Review, Richard B. Collins Jan 1990

Book Review, Richard B. Collins

Publications

No abstract provided.


Separation Of Powers Under The Texas Constitution, Harold H. Bruff Jan 1990

Separation Of Powers Under The Texas Constitution, Harold H. Bruff

Publications

No abstract provided.


A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel Jan 1989

A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel

Publications

No abstract provided.


Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff Jan 1989

Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff

Publications

No abstract provided.


Independent Counsel And The Constitution, Harold H. Bruff Jan 1988

Independent Counsel And The Constitution, Harold H. Bruff

Publications

No abstract provided.


On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff Jan 1987

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.


The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel Jan 1986

The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel

Publications

No abstract provided.


Judicial Review And The President's Statutory Powers, Harold H. Bruff Jan 1982

Judicial Review And The President's Statutory Powers, Harold H. Bruff

Publications

No abstract provided.


A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel Jan 1981

A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel

Publications

No abstract provided.


Log-Rolling And Judicial Review, Michael J. Waggoner Jan 1980

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.


Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel Jan 1978

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

Publications

No abstract provided.


Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn Jan 1977

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …