Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy,
2023
Liberty University
Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady
Liberty University Journal of Statesmanship & Public Policy
The United States bureaucracy began as only four departments and has expanded to address nearly every issue of public life. While these bureaucratic agencies are ostensibly under congressional oversight and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founding Fathers’ design of balancing legislative power in a bicameral Congress.
The Supreme Court holds an indispensable role in mitigating the overreach of executive agencies, yet the courts’ inability to hold bureaucrats accountable has diluted voters’ voices. Since the Supreme Court’s 1984 ruling in Chevron, U.S.A. v. Natural Resources Defense …
Brief Of Amicus Curiae Tax Professors In Support Of Respondent In Moore V. United States,
2023
University of Maryland Francis King Carey School of Law
Brief Of Amicus Curiae Tax Professors In Support Of Respondent In Moore V. United States, Donald B. Tobin, Ellen P. Aprill
Faculty Scholarship
Petitioners in Moore v. United States have argued to the Supreme Court that the word “incomes” in the Sixteenth Amendment authorizes only the taxation of “realized” income. Thus, they assert, a repatriation tax (referred to as MRT) in the Tax Cuts and Jobs Act is invalid because it taxes unrealized gains. While other briefs in the case explain that, as properly understood, the tax at issue taxes only realized gains, this brief counters the petitioners’ Sixteenth Amendment argument. It explains that economists, accountants, and lawyers in the early twentieth century all defined income in broad terms, embracing the definition of …
The Slogans And Goals Of Antitrust Law,
2023
University of Pennsylvania Carey Law School
The Slogans And Goals Of Antitrust Law, Herbert J. Hovenkamp
All Faculty Scholarship
This is a comparative examination of the slogans and goals most advocated for antitrust law today – namely, that antitrust should be concerned with “bigness,” that it should intervene when actions undermine the “competitive process,” or that it should be concerned about promoting some conception of welfare. “Bigness” as an antitrust concern targets firms based on absolute size rather than share of a market, as antitrust traditionally has done. The bigness approach entails that antitrust cannot be concerned about low prices, or the welfare of consumers and labor. Nondominant firms could not sustain very high prices or cause significant reductions …
The Assassination Of Dr. Martin Luther King: Understanding The Criminal Behavior And Prosecution Of James Earl Ray,
2023
Ohio Northern University
The Assassination Of Dr. Martin Luther King: Understanding The Criminal Behavior And Prosecution Of James Earl Ray, Scott P. Johnson
Ohio Northern University Law Review
No abstract provided.
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865,
2023
American University Washington College of Law
James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angi Porter
Articles in Law Reviews & Other Academic Journals
In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by examining …
Taking Aim At New York's Concealed Carry Improvement Act,
2023
Fordham University School of Law
Taking Aim At New York's Concealed Carry Improvement Act, Leo Bernabei
Fordham Law Review
In June 2022, the U.S. Supreme Court held in New York State Rifle & Pistol Ass’n v. Bruen that New York’s requirement, which mandated that applicants for concealed carry licenses show proper cause for carrying a handgun in public, violated the Second and Fourteenth Amendments. Responding to the likely increase in individuals licensed to carry handguns in the state, New York enacted the Concealed Carry Improvement Act (CCIA). This law bans all firearms from many places of public congregation, establishes a default rule that firearms are not allowed on private property without the owner or lessee’s permission, and sets additional …
The Role Of U.S. Government Regulatioms,
2023
Purdue University
The Role Of U.S. Government Regulatioms, Bert Chapman
Libraries Faculty and Staff Presentations
Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.
The Persistent Limits Of Fraud Prevention In Historical Perspective,
2023
Northwestern Pritzker School of Law
The Persistent Limits Of Fraud Prevention In Historical Perspective, Emily Kadens
Northwestern University Law Review
Fraud has been ubiquitous throughout history, and so have the methods of fraud prevention. History demonstrates that no anti-fraud measures have fully succeeded in eliminating deceptive market behavior. Instead, this Essay uses evidence from premodern England to argue that societies and individual contracting parties balance tolerating a certain amount of fraud against the costs of fraud prevention.
The Next Required Law School Course: History Of America’S Foundings,
2023
St. Mary's University
The Next Required Law School Course: History Of America’S Foundings, Kevin Frazier
St. Mary's Law Journal
No abstract provided.
Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences,
2023
St. Mary's University
Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins
St. Mary's Law Journal
No abstract provided.
The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions,
2023
St. Mary's University
The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende
St. Mary's Law Journal
No abstract provided.
Texans Shortlisted For The U.S. Supreme Court: Why Did Lightning Only Strike Once?,
2023
St. Mary's University
Texans Shortlisted For The U.S. Supreme Court: Why Did Lightning Only Strike Once?, The Honorable John G. Browning
St. Mary's Law Journal
No abstract provided.
The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability,
2023
University of Auckland School of Law
The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti
St. Mary's Law Journal
This Article posits the history of forensic-science evidence plays a significant role in the unquestioning manner of its modern acceptance. It traces early high-profile forensic science “successes” and the public reactions to them. It argues the public perception of the “advances” of forensic science continues to play a role in the lack of scrutiny given to these disciplines in admissibility decisions today. It concludes, when it comes to forensic science, history should play a different role by serving as a critical warning rather than a congratulatory buttress.
Movement On Removal: An Emerging Consensus On The First Congress,
2023
Boston University School of Law
Movement On Removal: An Emerging Consensus On The First Congress, Jed Handelsman Shugerman
Faculty Scholarship
What did the “Decision of 1789” decide about presidential removal power, if anything? It turns out that an emerging consensus of scholars agrees that there was not much consensus in the First Congress.
Two more questions follow: Is the “unitary executive theory” based on originalism, and if so, is originalism a reliable method of interpretation based on historical evidence?
The unitary executive theory posits that a president has exclusive and “indefeasible” executive powers (i.e., powers beyond congressional and judicial checks and balances). This panel was an opportunity for unitary executive theorists and their critics to debate recent historical research questioning …
Ethics At The Speed Of Business,
2023
Robinson, Stewart, Montgomery & Doppke, LLC (RSMD, LLC)
Ethics At The Speed Of Business, James A. Doppke Jr.
DePaul Business & Commercial Law Journal
This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.
Genteel Culture, Legal Education, And Constitutional Controversy In Early Virginia,
2023
University at Buffalo School of Law
Genteel Culture, Legal Education, And Constitutional Controversy In Early Virginia, Matthew J. Steilen
Journal Articles
This article focuses on the movement to reform legal education in early national Virginia, offering a fresh perspective by examining the connection between legal education and society and culture. It challenges the notion that constitutional ideas were the primary driving force behind reforms and argues that social status and “manners” played a more significant role. Wealthy elites in Virginia associated manners with education, sending their sons to college to become gentlemen, as it secured their aspirations to gentility and their influence over society and politics. Reformers sought to capitalize on this connection by educating a generation of university-trained, genteel lawyers …
Major Questions About Presidentialism: Untangling The “Chain Of Dependence” Across Administrative Law,
2023
Boston University School of Law
Major Questions About Presidentialism: Untangling The “Chain Of Dependence” Across Administrative Law, Jed Handelsman Shugerman, Jodi L. Short
Faculty Scholarship
A contradiction about the role of the president has emerged between the Roberts Court’s Article II jurisprudence and its Major Questions Doctrine jurisprudence. In its appointment and removal decisions, the Roberts Court claims that the president is the “most democratic and politically accountable official in Government” because the president is “directly accountable to the people through regular elections,” an audacious new interpretation of Article II; and it argues that tight presidential control of agency officials lends democratic legitimacy to the administrative state. We identify these twin arguments about the “directly accountable president” and the “chain of dependence” as the foundation …
Understanding The Crisis: The Evolution Of Indigent Defense In Oregon,
2023
Portland State University
Understanding The Crisis: The Evolution Of Indigent Defense In Oregon, Molly Pettit
University Honors Theses
On any given day in Oregon, hundreds of people charged with a crime do not have an attorney to represent them. Many of these people are in custody, and some face charges as serious as murder. How did our public defense system reach the point of crisis? What can be done about it? This paper provides a general overview of the right to counsel nationally before narrowing the focus to the state of Oregon. Using scholarly articles, historical documents, footnotes, meeting transcripts, and interviews, I explore the beginnings of court-appointed counsel in Oregon, and document how it has grown and …
Freehold Offices Vs. 'Despotic Displacement': Why Article Ii 'Executive Power' Did Not Include Removal,
2023
Boston University School of Law
Freehold Offices Vs. 'Despotic Displacement': Why Article Ii 'Executive Power' Did Not Include Removal, Jed Handelsman Shugerman
Faculty Scholarship
The Roberts Court has relied on an assertion that Article II’s “executive power” implied an “indefeasible” or unconditional presidential removal power. In the wake of growing historical evidence against their theory, unitary executive theorists have fallen back on a claim of a “backdrop” or default removal rule from English and other European monarchies. However, unitary theorists have not provided support for these repeated assertions, while making a remarkable number of errors, especially in the recent “The Executive Power of Removal” (Harvard L. Rev. 2023).
This Article offers an explanation for the difficulty in supporting this historical claim: Because …