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The Puzzling Presumption Of Reviewability, Nicholas Bagley 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, Anthony Johnstone 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, Tara Leigh Grove, Neal Devins 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, Christopher J. Peters 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, Sean Daly 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, Ryan McCarthy 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, Jessica S. Henry 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?, Bruce Ledewitz 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, Rick Valelly 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, Richard L. Hasen 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, Sanford Levinson 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, Richard L. Hasen 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, Kim Lane Scheppele 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, Desmond S. King, Rogers M. Smith 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, Carol Nackenoff 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, Franita Tolson 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?, Sanford Levinson 2014 University of Texas at Austin School of Law

Are Elections Necessary?, Sanford Levinson

Schmooze 'tickets'

No abstract provided.


The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout 2014 Fordham University School of Law

The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout

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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, Bertrall L. Ross II 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, Keith Whittington 2014 Princeton University

The Idea Of Democracy In The Early Republic, Keith Whittington

Schmooze 'tickets'

No abstract provided.


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