Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- United States Supreme Court (10)
- Book review (3)
- Judicial Power (3)
- Executive Power (2)
- Federalism (2)
-
- Judicial Process (2)
- Judicial Review (2)
- Separation of Powers (2)
- W&M Faculty (2)
- Advisory Opinions (1)
- Advocates (1)
- Boumediene v. Bush (553 U.S. 723 (2008)) (1)
- Cass R. Sunstein (1)
- Church and State (1)
- Combatants (1)
- Constitutional Interpretation (1)
- Constitutional Law (1)
- Courts (1)
- Educational Vouchers (1)
- Elections (1)
- Emergency Powers (1)
- Federal Courts (1)
- Federal Jurisdiction (1)
- Habeas Corpus (1)
- Independent Regulatory Commissions (1)
- International Law (1)
- Interstate Commerce (1)
- Jeffrey Rosen (1)
- John Agresto (1)
- Judges (1)
Articles 1 - 19 of 19
Full-Text Articles in Law
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 …
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 Majoritarian Rehnquist Court?, Neal Devins
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 D'Oh! Of Popular Constiutitonalism, Neal Devins
The D'Oh! Of Popular Constiutitonalism, 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. …
Should The Supreme Court Fear Congress?, Neal Devins
Should The Supreme Court Fear Congress?, Neal Devins
Neal E. Devins
No abstract provided.
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Neal E. Devins
No abstract provided.
Split Definitive, Lawrence Baum, Neal Devins
Split Definitive, Lawrence Baum, Neal Devins
Neal E. Devins
For the first time in a century, the Supreme Court is divided solely by political party.
Social Meaning And School Vouchers, Neal Devins
Reverse Advisory Opinions, Neal Devins, Saikrishna B. Prakash
Reverse Advisory Opinions, Neal Devins, Saikrishna B. Prakash
Neal E. Devins
No abstract provided.
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.
Ideological Cohesion And Precedent (Or Why The Court Only Cares About Precedent When Most Justices Agree With Each Other), Neal Devins
Neal E. Devins
This Article examines the profound role that ideological cohesion plays in explaining the Supreme Court's willingness to advance a coherent vision of the law - either by overruling precedents inconsistent with that vision or by establishing rule-like precedents intended to bind the Supreme Court and lower courts in subsequent cases. Through case studies of the New Deal, Warren, and Rehnquist Courts, this Article calls attention to key differences between Courts in which five or more Justices pursue the same substantive objectives and Courts which lack a dominant voting block. In particular, when five or more Justices pursue the same substantive …
The Democracy-Forcing Constitution, Neal Devins
Dicta, Schmicta: Theory Versus Practice In Lower Court Decision Making, David Klein, Neal Devins
Dicta, Schmicta: Theory Versus Practice In Lower Court Decision Making, David Klein, Neal Devins
Neal E. Devins
The distinction between dictum and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dictum. Specifically, federal courts of appeals meaningfully invoke the distinction in about 1 in 4000 cases; federal district courts in about 1 in 2000 cases; and state courts in about 1 in 4000 cases. In this Essay, we report these findings, describe our coding system, and offer a preliminary assessment …
Do Judicial Elections Facilitate Popular Constitutionalism; Can They?, Nicole Mansker, Neal Devins
Do Judicial Elections Facilitate Popular Constitutionalism; Can They?, Nicole Mansker, Neal Devins
Neal E. Devins
No abstract provided.
Constitutional Avoidance And The Roberts Court, Neal Devins
Constitutional Avoidance And The Roberts Court, Neal Devins
Neal E. Devins
No abstract provided.
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Neal E. Devins
No abstract provided.
Book Review Of The Second American Revolution, Neal Devins
Book Review Of The Second American Revolution, Neal Devins
Neal E. Devins
No abstract provided.