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From:Michigan Law Review (Vol. 112, Issue 4) Peer-ReviewedThe recent controversy surrounding President Obama's recess appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau while the Senate was holding pro forma sessions illustrates the...
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From:Stanford Law Review (Vol. 66, Issue 2) Peer-ReviewedRecent federalism scholarship has taken a "collective action" turn. Commentators endorse or criticize the Court's doctrinal tools for allocating regulatory authority between the states and the federal government by...
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From:William and Mary Law Review (Vol. 47, Issue 6) Peer-ReviewedABSTRACT In Vieth v. Jubelirer, the U.S. Supreme Court seemed poised to offer its definitive position on political gerrymandering questions. Yet the Court splintered along familiar lines and failed to offer an...
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From:Albany Law Review (Vol. 76, Issue 1)MR. RONALD COLLINS: One of the joys of getting older is the experiencing of the gracious words of the young, however exaggerated. That said, Benjamin, I very sincerely appreciate those kind words, and I only wish my...
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From:Harvard Law Review (Vol. 119, Issue 5)The Supreme Court has long held that disputes that do not lend themselves to resolution under "judicially manageable standards" present nonjusticiable political questions. Filling several gaps in the literature, this...
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From:Notre Dame Law Review (Vol. 91, Issue 4)2. Case-Specific Nonenforcement These manageability problems apply with particular force to case-specific nonenforcement decisions, as opposed to announced general policies. (182) Although Heckler itself was...
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From:Harvard Law Review (Vol. 124, Issue 2)The political question doctrine, "essentially a function of the separation of powers," (1) exists to prevent courts from making "policy choices and value determinations [that are] constitutionally committed" to the...
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From:Notre Dame Law Review (Vol. 95, Issue 5)INTRODUCTION In1995, the American Judicature Society (AJS) undertook a comprehensive surveyof certification. (1) The survey explored federal courts' use of certification as well as how judges perceived its use: whether...
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From:First Things: A Monthly Journal of Religion and Public Life (Issue 69)'First Things' sponsored a symposium in its Nov 1996 issue about whether the US Supreme Court's judicial activism has undermined the legitimacy of the current US government. Prominent public figures responding to the...
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From:Yale Law Journal (Vol. 123, Issue 1) Peer-ReviewedThe political question doctrine poses a paradox. Courts increasingly dismiss claims as political questions, especially in sensitive fields like foreign affairs and national security. (1) Yet the principles underlying...
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From:Denver Journal of International Law and Policy (Vol. 26, Issue 5) Peer-ReviewedNobody seems to argue that the political branches of the United States government should refrain from taking any action that might embarrass the courts in their administration of justice. Yet the political question...
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From:Stanford Law Review (Vol. 65, Issue 1) Peer-ReviewedWhen should courts be responsible for designing federal administrative agencies? In Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court invalidated one specific mechanism that Congress...
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From:Air Force Law Review (Vol. 68) Peer-ReviewedI. INTRODUCTION Providing for the national defense is one of the most important functions of the federal government. Without a national defense, the nation risks not being a nation at all--and without a nation to...
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From:Albany Law Review (Vol. 76, Issue 4)ABSTRACT This article examines state-level contests over the definition of rights. While the U.S. Supreme Court has established a floor of rights that all states must observe, states can expand rights beyond federal...
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From:Harvard Law Review (Vol. 132, Issue 2)Article IV's command that "the United States shall guarantee to every State in this Union a Republican Form of Government" stands as one of the few remaining lacunae in the judicially enforced Constitution. For well...
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From:The Review of Politics (Vol. 60, Issue 3) Peer-ReviewedThis paper explores the process of constitutional dialogue through the consideration of an area of case law - separation of powers - where the U.S. Supreme Court issued significant decisions in the 1980s and where there...
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From:American Political Science Review (Vol. 89, Issue 2) Peer-ReviewedThe EC's Court of Justice is one of the world's most powerful transnational judicial institutions. However, some sectors are criticizing the court for not possessing the institutional legitimacy crucial to its acceptance...
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From:McGill Law Journal (Vol. 55, Issue 3) Peer-ReviewedRoncarelli is remembered fifty years later particularly because of Justice Rand's now iconic statement that "there is no such thing as absolute and untrammelled discretion." Justice Rand defined "untrammelled...
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From:Melbourne Journal of International Law (Vol. 4, Issue 1) Peer-Reviewed[Many commentators, including even some members of the International Court of Justice itself, have expressed concerns about the Court's ability to make a valid contribution to the resolution of highly political...
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From:Constitutional Commentary (Vol. 24, Issue 3) Peer-ReviewedI. INTRODUCTION Could anything have been done about Dred Scott (1) in its own day, in a Supreme Court remade by Abraham Lincoln? That is, was Dred Scott vulnerable to overrule, even in its own day, even in advance of...