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Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke
Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke
Anthony O'Rourke
Although constitutional scholars frequently analyze the relationships between courts and legislatures, they rarely examine the relationship between courts and statutes. This Article is the first to systematically examine how the presence or absence of a statute can influence constitutional doctrine. It analyzes pairs of cases that raise similar constitutional questions, but differ with respect to whether the court is reviewing the constitutionality of legislation. These case pairs suggest that statutes place significant constraints on constitutional decisionmaking. Specifically, in cases that involve a challenge to a statute, courts are less inclined to use doctrine to regulate the behavior of nonjudicial officials. …
Can An Oil Pit Take A Bird?: Why The Migratory Bird Treaty Act Should Apply To Inadvertent Takings And Killings By Oil Pits, Monica B. Carusello
Can An Oil Pit Take A Bird?: Why The Migratory Bird Treaty Act Should Apply To Inadvertent Takings And Killings By Oil Pits, Monica B. Carusello
Monica B Carusello
No abstract provided.