Law Commons^™

Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton

Publications

Left unfettered, the twenty-first-century speech environment threatens to undermine critical pieces of the democratic project. Speech operates today in ways unimaginable not only to the First Amendment’s eighteenth-century writers but also to its twentieth-century champions. Key among these changes is that speech is cheaper and more abundant than ever before, and can be exploited — by both government and powerful private actors alike — as a tool for controlling others’ speech and frustrating meaningful public discourse and democratic outcomes.

The Court’s longstanding First Amendment doctrine rests on a model of how speech works that is no longer accurate. This invites …

In Defense Of The Substance-Procedure Dichotomy, Jennifer S. Hendricks

Publications

John Hart Ely famously observed, "We were all brought up on sophisticated talk about the fluidity of the line between substance and procedure," but for most of Erie's history, the Supreme Court has answered the question "Does this state law govern in federal court? " with a "yes" or a "no." Beginning, however, with Gasperini v. Center for Humanities, and continuing with Semtek v. Lockheed Martin and the dissenting opinion in Shady Grove v. Allstate, a shifting coalition of justices has pursued a third path. Instead of declaring state law applicable or inapplicable, they have claimed for …

The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun

Publications

The judiciary should impose a heavy burden of justification on the executive when a habeas petitioner challenges the accuracy of facts on which an enemy combatant designation rests. A heavy burden of justification will ensure that the essential institutional purposes of the writ--and legitimate, separated-powers government--are preserved, even during times of national exigency. The institutional purposes of the writ argue for robust judicial review rather than deference to the executive. Moreover, the procedural flexibility traditionally associated with the writ gives the judiciary the tools to ensure that a heavy burden of justification can be imposed.

The Incompatibility Principle, Harold H. Bruff

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No abstract provided.

Nineteenth-Century Orthodoxy, Richard B. Collins

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Judicial Supremacy And The Settlement Function, Robert F. Nagel

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No abstract provided.

Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss

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No abstract provided.

A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel

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No abstract provided.

Independent Counsel And The Constitution, Harold H. Bruff

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No abstract provided.

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

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No abstract provided.

The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel

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Controlling The Structural Injunction, Robert F. Nagel

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No abstract provided.

Judicial Review And The President's Statutory Powers, Harold H. Bruff

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A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel

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Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

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No abstract provided.

Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff

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No abstract provided.