Browsing by Author "Manning, John"

Now showing items 1-10 of 10

    • Clear Statement Rules and the Constitution 

      Manning, John Francis (Columbia Law Review Association, Inc., 2010)
      In recent years, the Supreme Court has increasingly supplemented traditional Marbury-style judicial review with constitutionally inspired clear statement rules. These canons of statutory construction have two salient ...

    • Competing Presumptions About Statutory Coherence 

      Manning, John Francis (Fordham Law Review, 2006)

    • Justice Ginsburg and the New Legal Process 

      Manning, John Francis (Harvard Law School, 2013)

    • Lawmaking Made Easy 

      Manning, John Francis (Boston Book Co., 2007)

    • The President's Completion Power 

      Goldsmith, Jack L.; Manning, John Francis (Yale Law School, 2006)
      This Essay identifies and analyzes the President's completion power: the President's authority to prescribe incidental details needed to carry into execution a legislative scheme, even in the absence of congressional ...

    • The President's Completion Power 

      Goldsmith, Jack L.; Manning, John Francis (Yale Law School, 2006)
      This Essay identifies and analyzes the President's completion power: the President's authority to prescribe incidental details needed to carry into execution a legislative scheme, even in the absence of congressional ...

    • Second-Generation Textualism 

      Manning, John Francis (California Law Review Inc., 2010)
      In his perceptive histories of the late-twentieth-century revival of interest in statutory interpretation theory, Philip P. Frickey, always modest, predictably failed to account for his own large contribution to the debate. ...

    • Separation of Powers as Ordinary Interpretation 

      Manning, John Francis (Harvard University, Harvard Law School, 2011)
      The Supreme Court applies the structural provisions of the Constitution by relying on an overarching framework of “separation of powers.” Its cases reflect two distinct visions of the doctrine. Functionalist decisions ...

    • Statutory Pragmatism and Constitutional Structure 

      Manning, John Francis (Harvard University, Harvard Law School, 2007)

    • What Divides Textualists from Purposivists? 

      Manning, John Francis (Columbia Law Review Association, Inc., 2006)
      Recent scholarship has questioned whether there remains a meaningful distinction between modern textualism and purposivism. Purposivists traditionally argued that because Congress passes statutes to achieve some aim, federal ...