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. …
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.
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.
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.
Promoting The Study Of Wrongful Convictions In Criminal Justice Curricula,
2014
Montclair State University
Promoting The Study Of Wrongful Convictions In Criminal Justice Curricula, Jessica S. Henry
Department of Justice Studies Faculty Scholarship and Creative Works
Criminal justice education promotes interdisciplinary learning, critical thinking skills, and ethical decision making. A course on wrongful convictions falls squarely within that paradigm, as it draws upon criminology, criminal justice, law, psychology, and forensic science to examine basic assumptions about the criminal justice system and the actors within it. In a wrongful convictions course, students learn to think critically about the criminal justice system, and what happens when it fails to function as it should. Students identify practice and policy reforms that improve the accuracy and reliability of the system. This article first considers the broad objectives of criminal justice …
February 25, 2014: How Does The Secular World Do Without God?,
2014
Duquesne University
February 25, 2014: How Does The Secular World Do Without God?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Does the Secular World Do without God?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Shelby And The Sisyphean Struggle For Black Enfranchisement,
2014
Swarthmore College
Shelby And The Sisyphean Struggle For Black Enfranchisement, Rick Valelly
Schmooze 'tickets'
No abstract provided.
Super Pac Contributions, Corruption, And The Proxy War Over Coordination,
2014
University of California - Irvine School of Law
Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen
Schmooze 'tickets'
No abstract provided.
To End Government Shutdowns, End Partisan Gerrymandering,
2014
University of Texas at Austin School of Law
To End Government Shutdowns, End Partisan Gerrymandering, Sanford Levinson
Schmooze 'tickets'
No abstract provided.
Race Or Party?: How Courts Should Think About Republican Efforts To Make It Harder To Vote In North Carolina And Elsewhere,
2014
University of California - Irvine School of Law
Race Or Party?: How Courts Should Think About Republican Efforts To Make It Harder To Vote In North Carolina And Elsewhere, Richard L. Hasen
Schmooze 'tickets'
No abstract provided.
Hungary: An Election In Question,
2014
Princeton University
Hungary: An Election In Question, Kim Lane Scheppele
Schmooze 'tickets'
No abstract provided.
The Last Stand: Restricting Voting Rights & Sustaining White Power In Modern America,
2014
Nuffield College
The Last Stand: Restricting Voting Rights & Sustaining White Power In Modern America, Desmond S. King, Rogers M. Smith
Schmooze 'tickets'
No abstract provided.
What Became Of Fundamental Rights?: Of Voter Ids And Voting Rights,
2014
Swarthmore College
What Became Of Fundamental Rights?: Of Voter Ids And Voting Rights, Carol Nackenoff
Schmooze 'tickets'
No abstract provided.
The Popular Sovereignty Foundations Of The Right To Vote,
2014
Florida State University College of Law
The Popular Sovereignty Foundations Of The Right To Vote, Franita Tolson
Schmooze 'tickets'
In recent years, courts and commentators have focused on the federalism-based limits on the power of the federal government, with significantly less attention given to similar constraints on state power. It is not surprising, therefore, that both camps have overlooked that the Ninth and Tenth Amendments, with their reservation of both rights and power “to the people” contain a popular sovereignty principle that affects the constitutionality of various state election law regulations. This goal of this Article is to reaffirm that the people are, in essence, part of the federalism equation, and not simply as protectors of state power, but …
Are Elections Necessary?,
2014
University of Texas at Austin School of Law
The Roberts-Kennedy Court And Post-Political Democracy,
2014
Fordham University School of Law
The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout
Schmooze 'tickets'
This Essay explores the ideological underpinnings of the modern Supreme Court’s election law decisions, arguing that the Court does not have a strong commitment to federalism or to unfettered debate or to the mistrustful citizen. Instead, the opinions reveal a complacency about corruption and a narrow view of the role of citizens. The Essay is part of a volume on neoliberalism for Law and Contemporary Problems.
Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics,
2014
University of California - Berkeley School of Law
Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii
Schmooze 'tickets'
No abstract provided.
The Idea Of Democracy In The Early Republic,
2014
Princeton University
The Idea Of Democracy In The Early Republic, Keith Whittington
Schmooze 'tickets'
No abstract provided.
