Browsing HLS Scholarly Articles by Title
Now showing items 903-922 of 1910
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Judicial Deference to Inconsistent Agency Statutory Interpretations
(University of Chicago Press, 2011)Although administrative law doctrine requires courts to defer to an agency’s reasonable statutory interpretation, the doctrine is unclear as to whether an agency gets less deference when it changes its own prior interpretation. ... -
The Judicial Repeal of the Johnson/Kennedy Administration's 'Signature' Achievement
(2014)The Civil Rights Act of 1964, one of the most significant legislative achievements in American history, has been gutted. This is not because of Congress, or an Executive agency; it is because of the courts. Federal judges, ... -
Judicial Review as a Response to Political Posturing
(Cambridge University Press, 2011)We use an agency model to analyze the impact of judicial review on the incentives of elected leaders to “posture” by enacting bold but ill-advised policies. We find that judicial review may exacerbate posturing by rescuing ... -
Judicial Review of Counterterrorism Operations
(International Association of Jewish Lawyers and Jurists, 2010)A comparison of American and Israeli courts’ judicial review of counterterrorism operations reveals both similarities and differences in their opinions as to not only what constitutes lawful conduct, but also as to what ... -
The Judiciary Is a They, Not an It: Interpretive Theory and the Fallacy of Division
(University of San Diego School of Law, 2005)In the theory of constitutional and statutory interpretation, dynamic arguments point to the beneficial effects on legislative behavior that will result if "judges" or "courts" adopt a particular approach to interpretation. ... -
The June Surprises: Balls, Strikes, and the Fog of War
(Duke University, 2013)At first, few constitutional experts took seriously the argument that the Patient Protection and Affordable Care Act exceeded Congress's power under the commerce clause. The highly political opinions of two federal district ... -
Juries and the Political Economy of Legal Origin
(San Diego [etc.] Academic Press, 2007)Legal origin has been brought forward as a key influence on modern finance, because common law institutions protect investors better than do civil law institutions, it is claimed. These institutional differences are said, ... -
Jurisdiction-Stripping Reconsidered
(Virginia Law Review Association, 2010)The literature exploring Congress’s power to “strip” jurisdiction from the federal courts has focused too narrowly on the text and original understanding of Article III. Even when analysis can profitably begin there, it ... -
Jurisdictional Arrangements and International Criminal Procedure
(University of Cambridge, 2011)As preparation for a chapter in a book on international criminal procedural law, this working paper analyses the jurisdictional arrangements between international criminal tribunals and domestic courts. Since ‘exclusive’, ... -
Jurisdictional Competition for Trust Funds: An Empirical Analysis of Perpetuities and Taxes
(Yale Law School, 2005)This Article presents the first empirical study of the domestic jurisdictional competition for trust funds. To allow donors to exploit a loophole in the federal estate tax, since 1986 a host of states have abolished the ... -
The Jurisprudence of Justice Marshall
(Harvard Law School, 1989) -
Justice and Human Rights: Reflections on the Address of Pope Benedict to the UN
(European Journal of International Law, European University Institute, 2008) -
Justice and the Conflict of Laws
(1997) -
Justice as Fairness, Legitimacy, and the Question of Judicial Review: A Comment
(Fordham Law Review, 2004) -
Justice Brennan, Equality, and Majority Rule
(University of Pennsylvania, 1991) -
Justice Breyer's Democratic Pragmatism
(2005)There have been many efforts to reconcile judicial review with democratic self-government. Some such efforts attempt to justify judicial review if and to the extent that it promotes self-rule. Active Liberty, by Justice ... -
Justice Breyer's Pragmatic Constitutionalism
(Yale Law School, 2006)As a law professor at Harvard Law School, Stephen Breyer specialized in administrative law. His important work in that field was marked above all by its unmistakably pragmatic foundations. In an influential book, Breyer ...