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Full-Text Articles in Law

Appellate Courts Inside And Out, Maxwell L. Stearns Jul 2008

Appellate Courts Inside And Out, Maxwell L. Stearns

Maxwell L. Stearns

Commentary on "Inside Appellate Courts: The Impact of Court Organization on Judicial Decision Making in the United States Courts of Appeal" by Jonathan Matthew Cohen. Ann Arbor, University of Michigan Press, 2002.


Mistretta Versus Marbury: The Foundations Of Judicial Review, Maxwell L. Stearns Jul 2008

Mistretta Versus Marbury: The Foundations Of Judicial Review, Maxwell L. Stearns

Maxwell L. Stearns

No abstract provided.


Maternal Duties During Pregnancy: Toward A Conceptual Framework, Maxwell L. Stearns Jul 2008

Maternal Duties During Pregnancy: Toward A Conceptual Framework, Maxwell L. Stearns

Maxwell L. Stearns

No abstract provided.


The Public Choice Case Against The Item Veto, Maxwell L. Stearns Jul 2008

The Public Choice Case Against The Item Veto, Maxwell L. Stearns

Maxwell L. Stearns

No abstract provided.


The Misguided Renaissance Of Social Choice, Maxwell Stearns Jul 2008

The Misguided Renaissance Of Social Choice, Maxwell Stearns

Maxwell L. Stearns

No abstract provided.


Standing And Social Choice: Historical Evidence, Maxwell L. Stearns Jul 2008

Standing And Social Choice: Historical Evidence, Maxwell L. Stearns

Maxwell L. Stearns

No abstract provided.


Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns Jun 2008

Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns

Maxwell L. Stearns

No abstract provided.


The Remand That Made The Court Expand, Maxwell L. Stearns Jun 2008

The Remand That Made The Court Expand, Maxwell L. Stearns

Maxwell L. Stearns

No abstract provided.


Why Should Lawyers Care About Institutional Data On Courts?, Maxwell L. Stearns Jun 2008

Why Should Lawyers Care About Institutional Data On Courts?, Maxwell L. Stearns

Maxwell L. Stearns

In the “U.S. Supreme Court Judicial Data Base: providing new insights into the Courts,” Professors Harold Spaeth and Jeffrey Segal provide a brief and valuable overview of the two Supreme Court databases, with a particular focus on how those databases might be of use to those with professional legal training, namely law professors, lawyers, and perhaps also judges. In this comment, I will describe what I consider to be the limitations, and uses, of such data for those of us trained in law, and who most likely will lack the rigorous social science background familiar to most present users of …


The New Commerce Clause Doctrine In Game Theoretical Perspective, Maxwell L. Stearns May 2008

The New Commerce Clause Doctrine In Game Theoretical Perspective, Maxwell L. Stearns

Maxwell L. Stearns

The Roberts Court emerges at a critical juncture in the development of Commerce Clause doctrine. While the Commerce Clause doctrine implicates concerns for federalism and separation of powers, both of which are rooted in the earliest part of our constitutional history, the new Court presents an ideal opportunity to critically assess existing doctrines and to develop new analytical paradigms. The Rehnquist Court succeeded for the first time in sixty years in imposing substantive limits on the scope of this important source of Congressional power. That Court proved far less successful, however, in developing a coherent normative theory that reconciles the …