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Full-Text Articles in Law
Communication Breakdown: How Courts Do - And Don't - Respond To Statutory Overrides, Deborah A. Widiss
Communication Breakdown: How Courts Do - And Don't - Respond To Statutory Overrides, Deborah A. Widiss
Articles by Maurer Faculty
Earlier commentators, including many well-respected judges, have offered thoughtful suggestions for facilitating communication from courts to Congress about problems in statutes that Congress might want to address. My research explores the opposite question. How effective is communication from Congress back to courts? The answer is: Not very. Even when Congress enacts overrides, courts frequently continue to follow the prior judicial precedent. This is likely due more to information failure than willful disregard of controlling law. Nonetheless, a key aspect of the separation of powers is broken.
My research shows that when the Supreme Court overrules a prior decision, lower courts …
Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh
Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Paradise Lost, Paradigm Found: Redefining The Judiciary's Imperiled Role In Congress, Charles G. Geyh
Paradise Lost, Paradigm Found: Redefining The Judiciary's Imperiled Role In Congress, Charles G. Geyh
Articles by Maurer Faculty
Long perceived as acting in splendid isolation, the legislative and judicial branches have become increasingly intertwined. The judiciary is becoming more involved in the legislative province of statutory reform, and Congress has inserted itself more frequently into the judicial territory of procedural rulemaking. In this article, Professor Geyh observes that a new, interactive paradigm has replaced the perceived model of separation and delegation between the brandies. As the judiciary and Congress have grown more enmeshed, the judiciary's reputation has suffered, both from a Watergate-vintage mistrust of all things governmental and from a perception that judicial activism is born of self-interest …
A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate
A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Book Review. The Legislative Struggle By Bertram M. Gross, Frank Edward Horack Jr.
Book Review. The Legislative Struggle By Bertram M. Gross, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.
Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.