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Full-Text Articles in Law
Congress In The Administrative State, Brian D. Feinstein
Congress In The Administrative State, Brian D. Feinstein
Public Law and Legal Theory Working Papers
In an era of increased concern over presidential power, congressional oversight of the executive branch constitutes a substantial—but underappreciated—means of influencing agency decision-making. Scholars too often have overlooked it, and Congress is sub-optimally designed for its provision, but oversight has a significant impact on agency behavior
This Article provides a corrective. It presents the legal mechanisms that give oversight hearings their force and situates these hearings in their historical and legal context. In light of this framework and historical practice, the Article posits that ex post oversight hearings facilitate political control over the administrative state. Because oversight gets its bite …
Defending Dissent: Towards State Practices That Protect And Promote The Right To Protest - Executive Summary, University Of Chicago Law School - Global Human Rights Clinic, International Network Of Civil Liberties Organizations
Defending Dissent: Towards State Practices That Protect And Promote The Right To Protest - Executive Summary, University Of Chicago Law School - Global Human Rights Clinic, International Network Of Civil Liberties Organizations
Global Human Rights Clinic
No abstract provided.
Defending Dissent: Towards State Practices That Protect And Promote The Right To Protest, University Of Chicago Law School - Global Human Rights Clinic, International Network Of Civil Liberties Organizations
Defending Dissent: Towards State Practices That Protect And Promote The Right To Protest, University Of Chicago Law School - Global Human Rights Clinic, International Network Of Civil Liberties Organizations
Global Human Rights Clinic
No abstract provided.
Neglect And Abuse Of Unaccompanied Immigrant Children By U.S. Customs And Border Protection, University Of Chicago Law School - Global Human Rights Clinic
Neglect And Abuse Of Unaccompanied Immigrant Children By U.S. Customs And Border Protection, University Of Chicago Law School - Global Human Rights Clinic
Global Human Rights Clinic
According to the U.S. government, tens of thousands of Central American and Mexican children travel alone to the United States every year to escape violence and poverty in their home countries. U.S. Customs and Border Protection (CBP), a sub-agency of the Department of Homeland Security (DHS), detains many of these children when they arrive at U.S. ports of entry or cross the U.S. border. While in CBP custody, immigrant children have reported physical and psychological abuse, unsanitary and inhumane living conditions, isolation from family members, extended periods of detention, and denial of access to legal and medical services.
In 2014, …
The People Against The Constitution, Aziz Huq
Making A Market For Corporate Disclosure, Kevin S. Haeberle, M. Todd Henderson
Making A Market For Corporate Disclosure, Kevin S. Haeberle, M. Todd Henderson
Articles
No abstract provided.
Panel On Rules Versus Standards In Constitutional And Statutory Interpretation, Akhil Reed Amar, Frank H. Easterbrook, John C. Harrison, William Francis Kuntz Ii
Panel On Rules Versus Standards In Constitutional And Statutory Interpretation, Akhil Reed Amar, Frank H. Easterbrook, John C. Harrison, William Francis Kuntz Ii
Articles
No abstract provided.
Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq
Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq
Articles
No abstract provided.
The Causes And Consequences Of Gerrymandering, Nicholas Stephanopoulos
The Causes And Consequences Of Gerrymandering, Nicholas Stephanopoulos
Articles
No abstract provided.
Federalism As A Safeguard Of Progressive Taxation, Daniel Hemel
Federalism As A Safeguard Of Progressive Taxation, Daniel Hemel
Articles
No abstract provided.
Apparent Fault, Aziz Huq, Genevieve Lakier
Why The Burger Court Mattered (Reviewing The Burger Court And The Rise Of The Judicial Right By Michael J. Graetz And Linda Greenhouse), David A. Strauss
Why The Burger Court Mattered (Reviewing The Burger Court And The Rise Of The Judicial Right By Michael J. Graetz And Linda Greenhouse), David A. Strauss
Articles
No abstract provided.
The Role Of Exit Rights: What The Theory Of The Firm Says About The Conduct Of Brexit Negotiations, Richard A. Epstein
The Role Of Exit Rights: What The Theory Of The Firm Says About The Conduct Of Brexit Negotiations, Richard A. Epstein
Articles
No abstract provided.
Police Violence In The Wire, Jonathan Masur, Richard H. Mcadams
Police Violence In The Wire, Jonathan Masur, Richard H. Mcadams
Articles
No abstract provided.
What Is Discriminatory Intent?, Aziz Huq
Terrorism And Democratic Recession, Aziz Huq
The Cross-Examination Of Mayella Ewell, Richard H. Mcadams
The Cross-Examination Of Mayella Ewell, Richard H. Mcadams
Articles
No abstract provided.
Originalism As A Constraint On Judges, William Baude
Accidents And Aggregates, Lee Anne Fennell
Country Specific Investments And The Rights Of Non-Citizens, Adam S. Chilton, Eric A. Posner
Country Specific Investments And The Rights Of Non-Citizens, Adam S. Chilton, Eric A. Posner
Articles
No abstract provided.
The Tax Legislative Process: A Byrd's Eye View, Ellen P. Aprill, Daniel Hemel
The Tax Legislative Process: A Byrd's Eye View, Ellen P. Aprill, Daniel Hemel
Articles
No abstract provided.
The Measure Of A Metric: The Debate Over Quantifying Partisan Gerrymandering, Nicholas Stephanopoulos, Eric Mcghee
The Measure Of A Metric: The Debate Over Quantifying Partisan Gerrymandering, Nicholas Stephanopoulos, Eric Mcghee
Articles
No abstract provided.
The End Of Bargaining In The Digital Age, Saul Levmore, Frank Fagan
The End Of Bargaining In The Digital Age, Saul Levmore, Frank Fagan
Articles
No abstract provided.
Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer
Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer
Articles
Courts in the United Kingdom and South Africa have recently issued important rulings that have constrained the executive’s authority to withdraw from treaties in those countries. This essay considers whether these rulings might offer insights for treaty exit issues in the United States. We first provide an overview of U.S. law and practice regarding the termination of international agreements. We next summarize the U.K. and South African decisions, which required parliamentary approval for pulling out of treaties establishing the European Union and the International Criminal Court (ICC), respectively. Finally, we consider the relevance of these rulings for treaty withdrawals in …
Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith
Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith
Articles
Presidents have come to dominate the making, interpretation, and termination of international law for the United States. Often without specific congressional concurrence, and sometimes even when it is likely that Congress would disagree, Presidents assert the authority to (a) make a vast array of international obligations for the United States, through both written agreements and the development of customary international law; (b) make increasingly consequential political commitments for the United States on practically any topic; (c) interpret these obligations and commitments; and (d) terminate or withdraw from these obligations and commitments. While others have examined pieces of this picture, no …
The Myth Of Trade Usages: A Talk, Lisa Bernstein
The Case Against Passive Shareholder Voting, Dorothy Shapiro Lund
The Case Against Passive Shareholder Voting, Dorothy Shapiro Lund
Articles
No abstract provided.
The Wrong Rights, Or: The Inescapable Weaknesses Of Modern Liberal Constitutionalism, Richard A. Epstein
The Wrong Rights, Or: The Inescapable Weaknesses Of Modern Liberal Constitutionalism, Richard A. Epstein
Articles
No abstract provided.
Democratic Backsliding And The Rule Of Law, Tom Ginsburg
Democratic Backsliding And The Rule Of Law, Tom Ginsburg
Articles
No abstract provided.
The Origins Of The Espionage Act Of 1917: Was Judge Learned Hand's Understanding Of The Act Defensible?, Geoffrey R. Stone
The Origins Of The Espionage Act Of 1917: Was Judge Learned Hand's Understanding Of The Act Defensible?, Geoffrey R. Stone
Articles
No abstract provided.