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Full-Text Articles in Law
The Majoritarian Rehnquist Court?, Neal Devins
Should The Supreme Court Fear Congress?, Neal Devins
Should The Supreme Court Fear Congress?, Neal Devins
Neal E. Devins
No abstract provided.
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Neal E. Devins
No abstract provided.
I Love You, Big Brother, Neal Devins
The Supreme Court's Legitimacy Dilemma, Tara Leigh Grove
The Supreme Court's Legitimacy Dilemma, Tara Leigh Grove
Tara L. Grove
No abstract provided.
A (Modest) Separation Of Powers Success Story, Tara Leigh Grove
A (Modest) Separation Of Powers Success Story, Tara Leigh Grove
Tara L. Grove
No abstract provided.
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Tara L. Grove
Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims. …
Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick
Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick
Timothy Zick
No abstract provided.
The Ultimate Independence Of The Federal Courts: Defying The Supreme Court In The Exercise Of Federal Common Law Powers, Ronald H. Rosenberg
The Ultimate Independence Of The Federal Courts: Defying The Supreme Court In The Exercise Of Federal Common Law Powers, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
Annan Leaves Door Open For U.S. Action, Alan J. Meese
Annan Leaves Door Open For U.S. Action, Alan J. Meese
Alan J. Meese
No abstract provided.
The Diffusion Of Responsibilty In Capital Clemency, Adam M. Gershowitz
The Diffusion Of Responsibilty In Capital Clemency, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Why Congress Does Not Challenge Judicial Supremacy, Neal Devins
Why Congress Does Not Challenge Judicial Supremacy, Neal Devins
Neal E. Devins
Members of Congress largely acquiesce to judicial supremacy both on constitutional and statutory interpretation questions. Lawmakers, however, do not formally embrace judicial supremacy; they rarely think about the courts when enacting legislation. This Article explains why this is so, focusing on why lawmakers have both strong incentive to acquiesce to judicial power and little incentive to advance a coherent view of congressional power. In particular, lawmakers are interested in advancing favored policies, winning reelection, and gaining personal power within Congress. Abstract questions of institutional power do not interest lawmakers and judicial defeats are seen as opportunities to find some other …
Constitutional Avoidance And The Roberts Court, Neal Devins
Constitutional Avoidance And The Roberts Court, Neal Devins
Neal E. Devins
No abstract provided.
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Neal E. Devins
Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims. …
Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl
Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl
One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
This Article concerns an aspect of Article III standing that has played a role in many of the highest-profile controversies of recent years, including litigation over the Affordable Care Act, immigration policy, and climate change. Although the federal courts constantly emphasize the importance of ensuring that only proper plaintiffs invoke the federal judicial power, the Supreme Court and other federal courts have developed a significant exception to the usual requirement of standing. This exception holds that a court entertaining a multiple-plaintiff case may dispense with inquiring into the standing of each plaintiff as long as the court finds that one …