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Now showing items 21-30 of 126
Temporary Legislation
(University of Chicago Press, 2007)
This paper provides a descriptive, positive, and normative analysis of temporary legislation, statutes containing a clause terminating legal authority on a specified future date. Notwithstanding the fact that a significant ...
Common-Law Constitutionalism and the Limits of Reason
(Columbia Law Review Association, Inc., 2007)
In recent years, the central claim of common-law constitutionalism has been that precedent and tradition embody some form of latent wisdom. Judges will generally do best by deferring to the wisdom embodied in precedent and ...
Should We Have Lay Justices?
(Stanford Law School, 2007)
By "lay justices" I mean justices of the Supreme Court of the United States who are not accredited lawyers. Currently the number of lay justices is zero, although there is no constitutional or statutory rule that requires ...
Chevron as a Voting Rule
(Yale Law School, 2007)
In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the Supreme Court created a new framework for judicial deference to agency interpretations of law: courts should defer to an agency interpretation unless ...
Book Review
(Massachusetts Institute of Technology Press (MIT Press), 2007)
Teaching from the Left in My Anecdotage
(New York University, 2007)
Habeas Corpus Jurisdiction, Substantive Rights, and the War on Terror
(Harvard University, Harvard Law School, 2007)
This Article provides a broad-lens, synoptic perspective on war-on-terrorism questions arising within the habeas corpus jurisdiction of the federal courts. Analytically, it develops a clear framework for sorting out the ...
Statutory Pragmatism and Constitutional Structure
(Harvard University, Harvard Law School, 2007)
Regulatory Quality Under Imperfect Oversight
(Cambridge University Press, 2007)
We analyze the positive and normative implications of regulatory oversight when the policymaking agency can improve the quality of regulation through effort, but only some kinds of effort are observable by the overseer, ...