Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence,
2014
American Civil Liberties Union of Virginia
Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg
Washington and Lee Law Review
No abstract provided.
Overcoming Barriers To The Protection Of Viable Fetuses,
2014
University of Georgia School of Law
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Washington and Lee Law Review
No abstract provided.
Keynote Address: Untying The Moral Knot Of Abortion,
2014
CUNY School of Law
Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann
Washington and Lee Law Review
No abstract provided.
Roe'S Effects On Family Law,
2014
Regent University School of Law
Roe'S Effects On Family Law, Lynne Marie Kohm
Washington and Lee Law Review
No abstract provided.
Innocent Burdens,
2014
Washington and Lee University
Innocent Burdens, James Edwin Mahon
Washington and Lee Law Review
No abstract provided.
The Puzzling Presumption Of Reviewability,
2014
University of Michigan Law School
The Puzzling Presumption Of Reviewability, Nicholas Bagley
Articles
The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …
Why Strive For Balance In A Roe Symposium?,
2014
Washington and Lee University School of Law
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade,
2014
Washington and Lee University School of Law
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.
Abortion Distortions,
2014
University of Miami School of Law
Abortion Distortions, Caroline Mala Corbin
Washington and Lee Law Review
No abstract provided.
The Consequences Of Abortion Restrictions For Women's Healthcare,
2014
University of San Francisco School of Law
The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian
Washington and Lee Law Review
No abstract provided.
Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions,
2014
Washington and Lee University School of Law
Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson
Washington and Lee Law Review
No abstract provided.
Associations And The Constitution: Four Questions About Four Freedoms,
2014
Brooklyn Law School
Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe
Faculty Scholarship
No abstract provided.
The Puzzling Presumption Of Reviewability,
2014
University of Michigan Law School
The Puzzling Presumption Of Reviewability, Nicholas Bagley
Articles
The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …
Outside Influence,
2014
Alexander Blewett III School of Law at the University of Montana
Outside Influence, Anthony Johnstone
Faculty Law Review Articles
This article considers how much outside influence matters to the constitutional analysis of state politics. It defends the political community principle applied in Bluman v. Federal Election Comm’n as an exception to the otherwise universal speaker-neutrality rule of Citizens United v. Federal Election Comm’n. It draws parallels between efforts to police national and state boundaries in politics, and the competing rights claims of outsiders to cross those boundaries and participate fully in domestic politics. The article suggests that the structural constitutional principle of political community supports certain state regulations of outside influence across a range of political activities. Part I …
Congress's (Limited) Power To Represent Itself In Court,
2014
William & Mary Law School
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Faculty Publications
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. …
Enacted Legislative Findings And The Deference Problem,
2014
University of Michigan Law School
Enacted Legislative Findings And The Deference Problem, Daniel A. Crane
Articles
The constitutionality of federal legislation sometimes turns on the presence and sufficiency of congressional findings of predicate facts, such as the effects of conduct on interstate commerce, state discrimination justifying the abrogation of sovereign immunity, or market failures justifying intrusions on free speech. Sometimes a congressional committee makes these findings in legislative history. Other times, Congress recites its findings in a statutory preamble, thus enacting its findings as law. Surprisingly, the Supreme Court has not distinguished between enacted and unenacted findings in deciding how much deference to accord congressional findings. This is striking because the difference between enactedness and unenactedness …
Bond, Buckley, And The Boundaries Of Separation Of Powers Standing,
2014
Vanderbilt University Law School
Bond, Buckley, And The Boundaries Of Separation Of Powers Standing, William Marks
Vanderbilt Law Review
A constitutional crisis is at hand. It is 2017, and a new President of the United States has taken office.' The new President generally opposes environmental regulations and accordingly nominated a candidate for Administrator of the Environmental Protection Agency ("EPA") with a deregulatory track record. The Senate, however, stood in the way: a proenvironment party holds the majority and threatened to filibuster. New presidents in this situation typically withdraw their nominations to avoid political embarrassment. But this time was different. In a forceful display of executive authority, the President unilaterally installed the nominee as the EPA Administrator. True, this action …
What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism,
2014
Brigham Young University Law School
What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters
BYU Law Review
No abstract provided.
Up In The Air: Lawson V. Fmr Llc & The Scope Of Sarbanes-Oxley Whistleblower Protection,
2014
Duke Law
Up In The Air: Lawson V. Fmr Llc & The Scope Of Sarbanes-Oxley Whistleblower Protection, Ryan Mccarthy
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Lawson v. FMR LCC, in which the Court will consider whether Sarbanes-Oxley extends whistleblower protection to employees of the private contractors and subcontractors of public companies.
Summary Of City Of Reno V. Howard, 130 Nev. Adv. Op. 12,
2014
Nevada Law Journal
Summary Of City Of Reno V. Howard, 130 Nev. Adv. Op. 12, Sean Daly
Nevada Supreme Court Summaries
The Court determined whether the “substantial-and-bona-fide-dispute” requirement under NRS 50.315(6) violated the Confrontation Clause, given the U.S. Supreme Court’s recent decision in Melendez-Diaz v. Massachusetts.
