Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- United States Supreme Court (18)
- Constitutional Law (16)
- Executive Power (8)
- Judicial Review (7)
- W&M Faculty (7)
-
- Book review (6)
- Constitutional Interpretation (6)
- Federalism (6)
- Judicial Power (6)
- Legislative Power (6)
- Separation of Powers (6)
- Abortion (4)
- Church and State (4)
- Judicial Process (3)
- United States Congress (3)
- United States Constitution 1st Amendment (3)
- Civil Rights (2)
- Constitutional History (2)
- Defense of Marriage Act of 1996 (2)
- Executive Privilege (2)
- Faculty Lectures (2)
- Freedom of Religion (2)
- Government Information (2)
- Item Veto (2)
- Louis Fisher (2)
- Polarization (2)
- Political Questions (2)
- Popular Opinion (2)
- Same-Sex Marriage (2)
- State Courts (2)
Articles 1 - 30 of 75
Full-Text Articles in Law
The Law: Defending Congress’S Interests In Court: How Lawmakers And The President Bargain Over Department Of Justice Representation, Neal Devins
Neal E. Devins
In understanding the willingness of government lawyers to defend the constitutionality of federal statutes, this article will explain why presidents rarely make use of their powers under the Constitution (allowing the president to refuse to defend laws he finds unconstitutional) and under federal law (placing the control of most government litigation with the attorney general). Attention will be paid both to how Department of Justice lawyers enhance their power by defending federal statutes and to how Congress, if need be, can pressure the department to bow to lawmaker preferences. In consequence, when the president refuses to defend a statute, courts …
Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum
Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum
Neal E. Devins
No abstract provided.
Congress, The Courts, And Party Polarization: Why Congress Rarely Checks The President And Why The Courts Should Not Take Congress’S Place, Neal Devins
Neal E. Devins
No abstract provided.
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Neal E. Devins
With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Neal E. Devins
No abstract provided.
What Standards Apply When Freedoms Collide?, Neal Devins
What Standards Apply When Freedoms Collide?, Neal Devins
Neal E. Devins
No abstract provided.
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
Neal E. Devins
No abstract provided.
What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins
What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins
Neal E. Devins
No abstract provided.
Tom Delay: Popular Constitutionalist?, Neal Devins
Tom Delay: Popular Constitutionalist?, Neal Devins
Neal E. Devins
No abstract provided.
The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz
The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz
Neal E. Devins
No abstract provided.
The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts
The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts
Neal E. Devins
No abstract provided.
The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel
The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel
Neal E. Devins
No abstract provided.
The Supreme Court And Private Schools: An Update, Neal Devins
The Supreme Court And Private Schools: An Update, Neal Devins
Neal E. Devins
No abstract provided.
The Steel Seizure Case: One Of A Kind?, Neal Devins, Louis Fisher
The Steel Seizure Case: One Of A Kind?, Neal Devins, Louis Fisher
Neal E. Devins
No abstract provided.
The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins
The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins
Neal E. Devins
No abstract provided.
The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins
The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins
Neal E. Devins
No abstract provided.
The Judicial Safeguards Of Federalism, Neal Devins
The Judicial Safeguards Of Federalism, Neal Devins
Neal E. Devins
No abstract provided.
The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash
The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash
Neal E. Devins
Modern Justice Department opinions insist that the executive branch must enforce and defend laws. In the first article to systematically examine Department of Justice refusals to defend, we make four points. First, the duties to enforce and defend lack any sound basis in the Constitution. Hence, while President Obama is right to refuse to defend the Defense of Marriage Act, he is wrong to continue to enforce a law he believes is unconstitutional. Second, rather than being grounded in the Constitution, the duties are better explained by the Department of Justice’s (DOJ) desire to enhance its independence and status. By …
The Democratic Constitution: Reflections On Abortion, Affirmative Action, And The Independent Counsel, Neal Devins
The Democratic Constitution: Reflections On Abortion, Affirmative Action, And The Independent Counsel, Neal Devins
Neal E. Devins
The annual St. George Tucker Lecture by Professor Neal Devins presented on October 7, 1998.
The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins
Neal E. Devins
No abstract provided.
The Amicus Machine, Allison Orr Larsen, Neal Devins
The Amicus Machine, Allison Orr Larsen, Neal Devins
Neal E. Devins
The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …
The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken
The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken
Neal E. Devins
No abstract provided.
The Constitution Between Friends, Neal Devins
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins
Neal E. Devins
No abstract provided.
Signing Statements And Divided Government, Neal Devins
Signing Statements And Divided Government, Neal Devins
Neal E. Devins
No abstract provided.
Should The Supreme Court Fear Congress?, Neal Devins
Should The Supreme Court Fear Congress?, Neal Devins
Neal E. Devins
No abstract provided.
Social Meaning And School Vouchers, Neal Devins
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Neal E. Devins
No abstract provided.
Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins
Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins
Neal E. Devins
No abstract provided.
Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, And The Consequences Of Returning The Constitution To Elected Government, Neal Devins
Neal E. Devins
No abstract provided.