Now showing items 1-10 of 22
Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences
(Duke Law Journal, 2008)
This Article tells the story of how fundamental shifts in state sentencing policy collided with fundamental shifts in federal habeas policy to produce a tangled and costly doctrinal wreck. The conventional assumption is ...
Implied Limits on the Legislative Power: The Intellectual Property Clause as an Absolute Constraint on Congress
(University of Illinois Law Review, 2000)
Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins ...
Integrity and Reflection
(Fordham Law Review, 2003)
Professor Waldron and Professor Michelman have presented us with two interesting, but very different, views on what procedural components might contribute to the integrity of lawmaking. I will focus on a different aspect ...
Haste Makes Waste: Congress and the Common Law in Cyberspace
(Vanderbilt Law Review, 2002)
Every time a new technology creates legal problems, we face in a particular context the general question of relative institutional competence. Do we turn first to the judiciary, allowing time for a gradual solution derived ...
Democracy and the Death of Knowledge
(University of Cincinnati Law Review, 2007)
This essay was presented as the 2006 William Howard Taft lecture at the University of Cincinnati College of Law. It suggests that the conflation of politics and law - the view that judges are not legal experts but rather ...
The Unmaking of a Precedent
(Supreme Court Review, 2003)
How far can you stretch precedent before it breaks? The 2002 Term suggests that some Justices seem to think that treating precedent like silly putty is preferable to acknowledging that it might be in need of revision. But ...
Putting the Law Back in Constitutional Law
(Constitutional Commentary, 2009)
Taking a cue from Professor Laurence Tribe's decision to abandon the third edition of his constitutional law treatise, the organizers of this symposium have asked us to address whether constitutional law is in crisis. I ...
All or Nothing: Explaining the Size of Supreme Court Majorities
(North Carolina Law Review, 2000)
In this Article, Professors Edelman and Sherry use a probabilistic model to explore the process of coalition formation on the United States Supreme Court. They identify coalition formation as a Markov process with absorbing ...
(Constitutional Commentary, 2000)
Congress should repeal 28 U.S.C. § 1332 in its entirety, abolishing diversity jurisdiction altogether.
Warning: Labeling Constitutions May Be Hazardous to Your Regime
(Law and Contemporary Problems, 2004)
What do the following cases have in common? In Boy Scouts of America v. Dale,2 the Court upheld the right of a private organization to ignore a generally applicable state statute prohibiting discrimination on the basis of ...