Imperfect Statutes, Imperfect Courts: Understanding Congress’s Plan in the Era of Unorthodox Lawmaking
Vol. 129 No. 1
In a democracy, the power to make the law rests with those chosen by the people. Our role is more confined — “to say...
Legislation
Comment on Professor Gluck’s “Imperfect Statutes, Imperfect Courts”
Response to Imperfect Statutes, Imperfect Courts: Understanding Congress’s Plan in the Era of Unorthodox Lawmaking
Vol. 129 No. 1
Professor Abbe Gluck is far more steeped in the scholarly literature on statutory interpretation than I, and far more familiar with the workings of...
Ponorovskaya v. Stecklow
New York Supreme Court Holds Statutory Exception to Marriage License Requirements Generally Inapplicable to Out-of-State Marriages.
Vol. 128 No. 6
State of California, Act of Oct. 11, 2009
California Establishes Pilot Programs To Expand Access to Counsel for Low-Income Parties.
Vol. 123 No. 6
Optimal Timing of Legal Intervention: The Role of Timing Rules
Responding to Jacob E. Gersen & Eric A. Posner, Timing Rules and Legal Institutions, 121 Harv. L. Rev. 543 (2007)
Response to Timing Rules and Legal Institutions
Vol. 121 No. 2
The Constitutional Legitimacy of Freestanding Federalism
Responding to John F. Manning, Federalism and the Generality Problem in Constitutional Interpretation, 122 Harv. L. Rev. 2003 (2009)
Response to Federalism and the Generality Problem in Constitutional Interpretation
Vol. 122 No. 8
Federalism and the Generality Problem in Constitutional Interpretation
Vol. 122 No. 8
In recent years, the Supreme Court has embraced a freestanding federalism that is not tied to any particular clause of the Constitution. Rather, because multiple clauses assume the
continued existence of states and set up a government of limited and enumerated powers, the Court has inferred that such provisions collectively convey a purpose to establish federalism and to preserve a significant degree of state sovereignty. The Court has treated that general background purpose as a warrant to derive specific but unenumerated limitations on federal power – in particular, a federalism clear statement rule, an anticommandeering principle, and broad state sovereign immunity from suit in state courts.
Metropolitan Taxicab Board of Trade v. City of New York
Southern District of New York Holds that New York City Hybrid Taxi Regulations Are Likely Preempted by the EPCA.
Vol. 122 No. 8
National Pride at Work, Inc. v. Governor of Michigan
Supreme Court of Michigan Holds that Public Employers May Not Provide Healthcare Benefits to Same-Sex Domestic Partners of Employees.
Vol. 122 No. 4
FISA Amendments Act of 2008
Congress Grants Telecommunications Companies Retroactive Immunity from Civil Suits for Complying with NSA Terrorist Surveillance Program.
Vol. 122 No. 4