Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (1)
- Attorney fees (1)
- Case Weights (1)
- Causes of Action (1)
- Class action certification (1)
-
- Complaints (1)
- Congressional-executive and executive agreements (1)
- Conservative legal movement (1)
- Constitutional law (1)
- Empirical legal studies (1)
- Federal Litigation (1)
- Federal Rules of Civil Procedure (1)
- Foreign policy (1)
- International law (1)
- International relations & commitments (1)
- Legislation (1)
- Litigation (1)
- NOS Codes (1)
- New checks and balances (1)
- Paris climate accord (1)
- Polarization (1)
- Politics and ideology of the judiciary (1)
- Private enforcement of rights (1)
- Reliability (1)
- Rule 23 (1)
- Rulemaking (1)
- Separation of powers (1)
- Supreme Court of the United States (1)
- Treaties (1)
Articles 1 - 3 of 3
Full-Text Articles in Public Administration
The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman
The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman
All Faculty Scholarship
When filing a civil case in a federal district court, attorneys must identify one, and only one, of ninety issue area nature of suit (NOS) codes that best describes their case. While this may seem like a trivial moment in litigation, the selection of this single descriptor has significant implications for court statistics, empirical research findings, and the allocation of resources to federal courts, including judgeships. Despite the import of NOS codes, there is little within the process of choosing them to guarantee reliability in the selected NOS codes. To assess how reliable NOS codes are, we examine a database …
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for …
From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, Jean Galbraith
From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, Jean Galbraith
All Faculty Scholarship
Sometimes the United States makes international commitments in the manner set forth in the Treaty Clause. But far more often it uses congressional-executive agreements, sole executive agreements, and soft law commitments. Foreign relations law scholars typically approach these other processes from the perspective of constitutional law, seeking to determine the extent to which they are constitutionally permissible. In contrast, this Article situates the myriad ways in which the United States enters into international commitments as the product not only of constitutional law, but also of international law and administrative law. Drawing on all three strands of law provides a rich …