University of Pennsylvania Law Review FOUNDED 1852
|
|
- Sharyl Davidson
- 5 years ago
- Views:
Transcription
1 University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 154 JUNE 2006 NO. 6 SYMPOSIUM THE CHIEF JUSTICE AND THE INSTITUTIONAL JUDICIARY FOREWORD THEODORE W. RUGER This issue of the University of Pennsylvania Law Review takes as its subject one of the most important, and least studied, major offices in American government the Chief Justice of the United States. It is a fit time to engage in such an inquiry: last summer s passing of Chief Justice William H. Rehnquist, and the subsequent confirmation of John G. Roberts to fill his seat, focused rare attention on the particular features and powers of the office. The role that Chief Justice Roberts now occupies is vast in terms of public stature, importance to the workings of the Supreme Court, and broad influence over the federal judiciary and federal law generally. Assistant Professor, University of Pennsylvania Law School. (1323)
2 1324 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 154: 1323 The high status and generous authority of the office were not always in place. Felix Frankfurter, in a biographical speech on a number of Chief Justices delivered a half-century ago, commented on the curious career path of the nation s first Chief Justice: John Jay. 1 Jay resigned the office in 1794 to become governor of New York. 2 By Frankfurter s time such a decision was virtually unthinkable, so much so that he declared that only a madman, a certified madman, would resign the chief justiceship to become governor. 3 Frankfurter meant no disrespect to the governorship of New York, 4 but instead based his opinion on the significant increase in the prestige and power of the Chief Justice of the United States that had taken place over the preceding 150 years. Frankfurter noted the remarkable chief justiceship of John Marshall as one foundation of the office s increased status, but also described more recent changes that had occurred in his lifetime, during the early twentieth century. 5 By the time of Frankfurter s assessment at mid-century, the office of Chief Justice had come to possess significant centralized authority over both the Supreme Court and the broader federal judiciary. As Judith Resnik and Lane Dilg detail in their comprehensive account of this issue, today the Chief Justice not only chairs the Supreme Court, but also serv[es] as the leader of the federal judiciary, an entity comprised of some two thousand judges, as well as some thirty thousand personnel working in more than eight hundred facilities around the United States, and funded by a budget in excess of five billion dollars annually. 6 The scope and structure of the Article III judiciary, and the office of Chief Justice at its head, could hardly have been foreseen by the framing generation. The Constitution s grant of judicial power is famously unspecified Article III speaks only of a supreme Court, and... such inferior Courts as the Congress may from time to time ordain and establish, and nowhere mentions the chief justiceship. 7 That office appears only once in the Constitution s text in Article I s 1 Felix Frankfurter, Chief Justices I Have Known, 39 VA. L. REV. 883, 884 (1953). 2 CONGRESSIONAL QUARTERLY, THE SUPREME COURT AT WORK 128 (1st ed. 1990). 3 Frankfurter, supra note 1, at He took pains not to underrate the importance of that office either then or now. Id. 5 See, e.g., id. at 898 (describing the reforms of Chief Justice Taft). 6 Judith Resnik & Lane Dilg, Responding to a Democratic Deficit: Limiting the Powers and the Term of the Chief Justice of the United States, 154 U. PA. L. REV. 1575, 1579 (2006). 7 U.S. CONST. art. III, 1.
3 2006] FOREWORD 1325 description of the impeachment process for the President. 8 The first men to hold the post were commissioned as the Chief Justice of the Supreme Court of the United States, 9 a title that aptly described a leadership role that was important, but largely circumscribed within the Court itself. Instead of textual specificity or original intent, the growth of the modern chief justiceship and the federal judiciary generally is a product of episodic statutory and customary development. By the late nineteenth century the statutory title had changed to be Chief Justice of the United States, 10 although the power of the office was still largely centered within the Court itself. 11 It was for the next generation to expand the breadth of the office fundamentally, a change which gathered momentum throughout the twentieth century and continues today. There is now little doubt of the Chief Justice s influence both within the Court and beyond, in numerous roles relating to the broader federal judiciary. The Chief Justice appoints dozens of judges to important specialized tribunals and to committees of the Federal Judicial Conference, delivers an important state of the judiciary address, and oversees a large staff and budget. Scholars of the federal judiciary and the Supreme Court have in one sense recognized the unique influence of the office of Chief Justice, and have taken to denominating entire Supreme Court eras by the occupants of that post. But the focus of such scholarship is necessarily episodic, focusing on a particular Chief Justice within a particular set of Supreme Court Justices at a certain place and time. As such it runs the risk of at once understating and overstating the role of Chief Justice. The overstatement arises from the fact that other Justices are occasionally more pivotal than the Chief in shaping the Court s jurisprudence in close cases during certain eras witness the apt scholarly focus on Justice Brennan when assessing the Warren Court, 12 and Justices O Connor and Kennedy during the Rehnquist Court era See U.S. CONST. art. I, 3, cl. 6 ( When the President of the United States is tried, the Chief Justice shall preside.... ). 9 John M. Daniel, III, Chief Justice of the United States: History and Historiography of the Title, 1983 Y.B. SUP. CT. HIST. SOC Y 109, U.S.C. 1 (2000). 11 Resnik & Dilg, supra note 6, at See, e.g., MORTON J. HORWITZ, THE WARREN COURT AND THE PURSUIT OF JUSTICE 8 (1998) (describing Justice Brennan as the most important intellectual influence on the Warren Court ). 13 See, e.g., Erwin Chemerinsky, October Term 2002: Value Choices by the Justices, Not Theory, Determine Constitutional Laws, 6 GREEN BAG 2d 367, 377 (2003) (discussing the
4 1326 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 154: 1323 The epochal approach, however, with its focus on specific individuals at a specific time, also risks understating the longitudinal development and broader scope of the Chief Justice s office. What is rarely found in current literature is a more complete treatment of the office itself, one removed from a specific biographical focus on the particular men who have held the seat and other Justices with whom the Chief Justice shares the Supreme Court. To be sure, strongminded Chief Justices like John Marshall, William Howard Taft, and William H. Rehnquist did much to shape and increase the powers of the office, and must be part of any discussion of the Chief Justice s general authority. But the growth and current power of the office transcend the individuals who have held it, and these and other features of the chief justiceship merit academic consideration of the office in the same way scholars have treated the presidency, the Congress, and other basic institutional components of the current federal government. This symposium represents an effort to provide such a general scholarly treatment of the office of Chief Justice, from a variety of methodological perspectives. The papers include contributions by historians, political scientists, comparative law experts, and other legal scholars, each exploring a unique aspect of the office s growth and current authority, or the similar development of court structures in other countries. Contributors consider both the internal and external features of the Chief Justice s role, and many are explicitly normative, advancing alternative structures whether comparative or hypothetical to reform and regularize the significant authority that the Chief Justice currently wields. As noted above, there is little original understanding of the Chief Justice s role the office is a creature of subsequent evolution and development. Much of that history took place soon after the Framing, however, and certainly the fourth occupant of the post, John Marshall, did as much as any Chief Justice to form the powers and stature of the office that resonate even today. Natalie Wexler s symposium essay in this volume illustrates the manner in which the office took shape even before Marshall s tenure, as she explores and illuminates the choices made by the first three Chief Justices: John Jay, John Rutledge, and Oliver Ellsworth. 14 Charles Hobson follows with a de- Rehnquist Court but opining that [f]or better or worse, this really is the O Connor Court ). 14 Natalie Wexler, In the Beginning: The First Three Chief Justices, 154 U. PA. L. REV (2006).
5 2006] FOREWORD 1327 tailed examination of John Marshall s role in inventing the office of Chief Justice, concluding that Marshall s long tenure, spanning the American federal republic s first generation, provided him the opportunity to define indeed, invent the office of Chief Justice in ways that his three short-term predecessors could not have done and that foreclosed the same opportunity to his successors. 15 Despite the preeminent role that John Marshall played in establishing the role of the Chief Justice in Supreme Court adjudication, the office continues to evolve under the influence of each new occupant. Although perhaps not as dramatic a transformation as engineered by Marshall, the late Chief Justice Rehnquist also left his own distinct legacy. Linda Greenhouse brings the distinguishing elements of Rehnquist s leadership style into sharp relief by contrasting his tenure with that of his predecessor, Warren Burger. 16 In her estimation, Rehnquist s leadership was an improvement on Burger s in many respects, perhaps as a result of lessons Rehnquist learned observing his boss during his time as an Associate Justice. 17 Erwin Chemerinsky also provides a positive assessment of Chief Justice Rehnquist s tenure as leader of the Court, noting that Rehnquist s success is evident in the degree to which the rest of the Court adopted his views in majority decisions reached under his leadership. 18 The influence of the Chief Justice over the decisions of the Court as a whole is governed not only by the character of the individual that holds the office, but also by the administrative functions that the Chief Justice performs. One of the most crucial strategic powers that the Chief Justice currently holds is the power to assign opinions when in the majority. By selecting the author of key rulings (or by keeping authorship to himself), the Chief Justice can influence doctrinal form and rationale, and these choices often resonate in future cases and lower courts much more significantly than the unadorned outcome of a Supreme Court case. Even this basic power was unformed in the early days of the office, however, and G. Edward White s essay in this issue explains the manner in which this power, and the norms of internal opinion circulation at the Supreme Court more generally, took 15 Charles F. Hobson, Defining the Office: John Marshall as Chief Justice, 154 U. PA. L. REV. 1421, 1459 (2006). 16 Linda Greenhouse, How Not To Be Chief Justice: The Apprenticeship of William H. Rehnquist, 154 U. PA. L. REV (2006). 17 Id. at Erwin Chemerinsky, Assessing Chief Justice William Rehnquist, 154 U. PA. L. REV (2006).
6 1328 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 154: 1323 shape during the nineteenth century. 19 Many readers may be surprised to learn from Professor White s essay that the norm of internal opinion circulation and review was not established until the early twentieth century, meaning that many of the great opinions of the nineteenth century that remain the grist of constitutional law classes today were never reviewed or endorsed by other Justices prior to issuance. 20 Although the customs of opinion circulation have changed with time, the basic authority to assign remains with the Chief Justice most of the time. Paul Wahlbeck assesses the recent use of that power by the late Chief Justice Rehnquist. 21 Applying empirical analysis to the Rehnquist assignment decisions, Wahlbeck concludes that the Chief Justice can use opinion assignment to advance his policy goals, [but] he cannot pursue that objective without constraint. 22 Another essay, by Frank Cross and Stefanie Lindquist, also takes an empirical view of the Court s decision making, analyzing the impact of William Rehnquist s role as Chief Justice on the voting patterns of the Court in recent Terms. 23 Also dramatic has been the change and growth of the Chief Justice s authority beyond the Court, in areas relating to the management and leadership of the broader Article III judiciary. Judith Resnik and Lane Dilg trace that development in their essay, finding evidence of the Chief Justice s rising influence across a range of statutes and institutional forms. 24 For Resnik and Dilg, the structure of the office creates a democratic failure. 25 My own contribution to the Symposium offers a different set of theoretical objections to the Chief Justice s current authority. I argue that the Chief s power is incongruous and inappropriate in that it is held and exercised by the Chief Justice individually, and not shared with other judges or constrained 19 G. Edward White, The Internal Powers of the Chief Justice: The Nineteenth-Century Legacy, 154 U. PA. L. REV (2006). 20 See id. at Paul J. Wahlbeck, Strategy and Constraints on Supreme Court Opinion Assignment, 154 U. PA. L. REV (2006). 22 Id. at Frank B. Cross & Stefanie Lindquist, The Decisional Significance of the Chief Justice, 154 U. PA. L. REV (2006). 24 Resnik & Dilg, supra note See id. at 1634.
7 2006] FOREWORD 1329 by any norm of reason giving, constraints that accompany much of Article III discretion. 26 These concerns about the scope of the office s authority also give rise to fundamental debates about the appropriate tenure and selection mechanisms for those who will hold the mantle of Chief Justice. The life-tenured status of the chief justiceship of the United States is rare among the world s national judiciaries. This feature of the office implicates a broader discussion going on in the legal academy about requiring through constitutional amendment or dramatic change in practice Supreme Court Justices generally to serve for a fixed, certain time period instead of for life. Resnik and Dilg s article concludes with a discussion of shortening the Chief Justice s term, either by congressional practice or by financial incentive. 27 Stephen Burbank s contribution responds to this and related arguments by drawing on legal and political science research to underscore a range of negative consequences that might flow from a change in the tenure length of Justices generally and the Chief Justice specifically. 28 Edward Swaine s article is also a part of this reformative debate, as he proposes altering the method by which the Chief Justice is chosen, or, at the least, better understanding the costs and benefits of the current appointment process. 29 In considering alternative mechanisms of structuring the office and authority of the Chief Justice, the choices that other countries have made when faced with similar structural decisions may be highly relevant, or at least can illuminate and inform scholars of the U.S. federal judiciary about other systems in place elsewhere in the world. Three articles in this volume take up these comparative questions and describe the manner in which other nations have established quite different frameworks for their institutional judiciaries, including the tenure and authority of the chief judge within those structures. Mark Ramseyer and Eric Rasmusen s article describes a Japanese judiciary that is hierarchical and careerist in comparison with the U.S. model, a structure which may impact the decisional outcomes of cases. 30 Peter 26 Theodore W. Ruger, The Chief Justice s Special Authority and the Norms of Judicial Power, 154 U. PA. L. REV (2006). 27 Resnik & Dilg, supra note 6 at Stephen B. Burbank, Alternative Career Resolution II: Changing the Tenure of Supreme Court Justices, 154 U. PA. L. REV (2006). 29 Edward T. Swaine, Hail, No: Changing the Chief Justice, 154 U. PA. L. REV (2006). 30 J. Mark Ramseyer & Eric B. Rasmusen, The Case for Managed Judges: Learning from Japan After the Political Upheaval of 1993, 154 U. PA. L. REV (2006).
8 1330 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 154: 1323 E. Quint describes a German constitutional court whose chief performs a different function from the U.S. counterpart, and serves for a fixed and defined term of office. 31 And Kim Lane Scheppele s contribution illuminates the particular challenges and opportunities facing the fledgling high courts of several new post-soviet constitutional regimes. 32 The totality of these papers presents a multifaceted view of the office of Chief Justice that, in terms of topical variety and methodological diversity, has probably never been collected in a single volume. There is much ground left open, however, and much discussion should take place on the issues and reforms suggested in this group of papers. The past two centuries have seen a steady increase in the prestige, importance, and authority of the Chief Justice, particularly in his role as head of the institutional judiciary. As this momentum continues, the issues raised in this Symposium will become even more important. 31 Peter E. Quint, Leading a Constitutional Court Perspectives from the Federal Republic of Germany, 154 U. PA. L. REV (2006). 32 Kim Lane Scheppele, Guardian of the Constitution: Constitutional Court Presidents and the Struggle for the Rule of Law in Post-Soviet Europe, 154 U. PA. L. REV (2006).
Book Review of The Justices of the United States Supreme Court
William & Mary Law Review Volume 11 Issue 4 Article 14 Book Review of The Justices of the United States Supreme Court William F. Swindler William & Mary Law School Repository Citation William F. Swindler,
More informationThe Significant Marshall: A Review of Chief Justice John Marshall s Impact on Constitutional Law. Andrew Armagost. Pennsylvania State University
1 The Significant Marshall: A Review of Chief Justice John Marshall s Impact on Constitutional Law Andrew Armagost Pennsylvania State University PL SC 471 American Constitutional Law 2 Abstract Over the
More informationTHE CHIEF JUSTICE S SPECIAL AUTHORITY AND THE NORMS OF JUDICIAL POWER INTRODUCTION
THE CHIEF JUSTICE S SPECIAL AUTHORITY AND THE NORMS OF JUDICIAL POWER THEODORE W. RUGER INTRODUCTION This Essay explores an incongruity in the allocation and exercise of two different kinds of judicial
More informationThe Appellate Courts Role in the Federal Judicial System 1
The Appellate Courts Role in the Federal Judicial System 1 Anne Marie Lofaso * A. Introduction 2 B. Federal Judicial System 3 1. An independent judiciary 3 2. Role of appellate courts: To correct errors,
More informationIntroduction: New Federalism
Washington University Journal of Law & Policy Volume 16 Access to Justice: The Social Responsibility of Lawyers New Federalism 2004 Introduction: New Federalism Theodore W. Ruger Follow this and additional
More informationCRS Report for Congress
Order Code RL32821 CRS Report for Congress Received through the CRS Web The Chief Justice of the United States: Responsibilities of the Office and Process for Appointment Updated September 12, 2005 Denis
More informationLook Back at the Rehnquist Era and an Overview of the 2004 Supreme Court Term
Touro Law Review Volume 21 Number 4 Seventeenth Annual Supreme Court Review Article 3 December 2014 Look Back at the Rehnquist Era and an Overview of the 2004 Supreme Court Term Erwin Chemerinsky Touro
More informationBicentennial Constitutional and Legal History Symposium
California Western Law Review Volume 24 Number 2 Bicentennial Constitutional and Legal History Symposium Article 1 1988 Bicentennial Constitutional and Legal History Symposium Michal R. Belknap Follow
More informationTESTIMONY OF MARCIA D. GREENBERGER CO-PRESIDENT, NATIONAL WOMEN S LAW CENTER BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE
TESTIMONY OF MARCIA D. GREENBERGER CO-PRESIDENT, NATIONAL WOMEN S LAW CENTER BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ON THE NOMINATION OF JOHN ROBERTS TO CHIEF JUSTICE OF THE UNITED
More informationDraft Principles of Scholarly Ethics
Marquette Law Review Volume 101 Issue 4 Symposium: Conference on the Ethics of Legal Scholarship Article 3 Draft Principles of Scholarly Ethics Follow this and additional works at: http://scholarship.law.marquette.edu/mulr
More informationTRIBUTE GEOFFREY C. HAZARD, JR., AND THE LESSONS OF HISTORY
TRIBUTE GEOFFREY C. HAZARD, JR., AND THE LESSONS OF HISTORY TOBIAS BARRINGTON WOLFF In the field of civil procedure, it is sometimes a struggle to get practitioners, judges, and scholars to give history
More informationA Conservative Rewriting Of The 'Right To Work'
A Conservative Rewriting Of The 'Right To Work' The problem with talking about a right to work in the United States is that the term refers to two very different political and legal concepts. The first
More informationChief Justice William H. Rehnquist in Acceptance of the Fordham-Stein Prize
Fordham Law Review Volume 68 Issue 4 Article 2 2000 Chief Justice William H. Rehnquist in Acceptance of the Fordham-Stein Prize William H. Rhenquist Recommended Citation William H. Rhenquist, Chief Justice
More informationChapter 1 The Problem of Judicial Independence
Chapter 1 The Problem of Judicial Independence 1.1 Introduction Few legal ideas have received as much attention in scholarship and invocations in judicial speeches as that of an independent judiciary.
More informationLEARNING OBJECTIVES After studying Chapter 16, you should be able to: 1. Understand the nature of the judicial system. 2. Explain how courts in the United States are organized and the nature of their jurisdiction.
More informationFirst Among Equals: The Supreme Court in American Life Kenneth W. Starr New York: Warner Books, 2002, 320 pp.
First Among Equals: The Supreme Court in American Life Kenneth W. Starr New York: Warner Books, 2002, 320 pp. Much has changed since John Jay s tenure as the nation s first Chief Justice. Not only did
More informationBook Review: The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth. by William R. Casto.
University of Minnesota Law School Scholarship Repository Constitutional Commentary 1996 Book Review: The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth. by
More informationHistory (HIST) History (HIST) 1
History (HIST) 1 History (HIST) HIST 110 Fndn. of American Liberty 3.0 SH [GEH] A survey of American history from the colonial era to the present which looks at how the concept of liberty has both changed
More informationSYMPOSIUM INTERNATIONAL COMMERCIAL ARBITRATION: FIFTY YEARS AFTER THE NEW YORK CONVENTION
GEORGIA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW VOLUME 38 2009 NUMBER 1 SYMPOSIUM INTERNATIONAL COMMERCIAL ARBITRATION: FIFTY YEARS AFTER THE NEW YORK CONVENTION INTRODUCTION: THE CONSTITUTIONAL LAW
More informationFEDERAL COURTS, PRACTICE & PROCEDURE RE-EXAMINING CUSTOMARY INTERNATIONAL LAW AND THE FEDERAL COURTS: AN INTRODUCTION
FEDERAL COURTS, PRACTICE & PROCEDURE RE-EXAMINING CUSTOMARY INTERNATIONAL LAW AND THE FEDERAL COURTS: AN INTRODUCTION Anthony J. Bellia Jr.* Legal scholars have debated intensely the role of customary
More informationBook Review: American Constitutionalism: from Theory to Politics. by Stephen M. Griffin.
University of Minnesota Law School Scholarship Repository Constitutional Commentary 1997 Book Review: American Constitutionalism: from Theory to Politics. by Stephen M. Griffin. Daniel O. Conkle Follow
More informationSYMPOSIUM THE GOALS OF ANTITRUST FOREWORD: ANTITRUST S PURSUIT OF PURPOSE
SYMPOSIUM THE GOALS OF ANTITRUST FOREWORD: ANTITRUST S PURSUIT OF PURPOSE Barak Orbach* Consumer welfare is the stated goal of U.S. antitrust law. It was offered to resolve contradictions and inconsistencies
More informationDEMOCRACY. United States of America formed between during the War of Independence.
CANADIAN AND AMERICAN GOVERNANCE: A COMPARATIVE LOOK DEMOCRACY United States of America formed between 1776-83 during the War of Independence. Canada formed in 1867 following negotiations by the British
More informationHarry S. Truman Library & Museum Teacher Lessons
Title: Lesson Plans for Conference at Yalta Activity Author: Derek Frieling Course: American History Time Frame: Part of one class period for introduction and one full class period for the debate. Subjects:
More informationREALIST LAWYERS AND REALISTIC LEGALISTS: A BRIEF REBUTTAL TO JUDGE POSNER
REALIST LAWYERS AND REALISTIC LEGALISTS: A BRIEF REBUTTAL TO JUDGE POSNER MICHAEL A. LIVERMORE As Judge Posner an avowed realist notes, debates between realism and legalism in interpreting judicial behavior
More informationForeword: Symposium on Federal Judicial Power
DePaul Law Review Volume 39 Issue 2 Winter 1990: Symposium - Federal Judicial Power Article 2 Foreword: Symposium on Federal Judicial Power Michael O'Neil Follow this and additional works at: http://via.library.depaul.edu/law-review
More informationCongressional Careers: Service Tenure and Patterns of Member Service,
Congressional Careers: Service Tenure and Patterns of Member Service, 1789-2017 Matthew Eric Glassman Analyst on the Congress Amber Hope Wilhelm Graphics Specialist January 3, 2017 Congressional Research
More informationAmerican Government: Teacher s Introduction and Guide for Classroom Integration
American Government: Teacher s Introduction and Guide for Classroom Integration Contents of this Guide This guide contains much of the same information that can be found online in the Course Introduction
More informationTemporary Assignments to Fill Vacancies on the New Jersey Supreme Court By Earl M. Maltz
Temporary Assignments to Fill Vacancies on the New Jersey Supreme Court By Earl M. Maltz New Jersey SEptember 2010 ABOUT THE FEDERALIST SOCIETY The Federalist Society for Law and Public Policy Studies
More informationForeword to Reviews (Books on the Law of Contracts)
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2014 Foreword to Reviews (Books on the Law of Contracts) Lisa E. Bernstein Follow this and additional works at: http://chicagounbound.uchicago.edu/journal_articles
More informationCongressional Careers: Service Tenure and Patterns of Member Service,
Congressional Careers: Service Tenure and Patterns of Member Service, 1789-2013 Matthew Eric Glassman Analyst on the Congress Amber Hope Wilhelm Graphics Specialist January 3, 2013 CRS Report for Congress
More informationCanadian and American Governance: A Comparative Look
Canadian and American Governance: A Comparative Look DEMOCRACY The United States of America was formed between 1776-1783 during the War of Independence. Canada was created July 1, 1867 following passage
More informationSources and Consequences of Polarization on the U.S. Supreme Court Brandon Bartels
Sources and Consequences of Polarization on the U.S. Supreme Court Brandon Bartels George Washington University Sources of Polarization Changing criteria for judicial appointments Demise of patronage and
More informationLEADING A CONSTITUTIONAL COURT: PERSPECTIVES FROM THE FEDERAL REPUBLIC OF GERMANY PETER E. QUINT INTRODUCTION
LEADING A CONSTITUTIONAL COURT: PERSPECTIVES FROM THE FEDERAL REPUBLIC OF GERMANY PETER E. QUINT INTRODUCTION In order to make sense of any sort of comparison, there must ordinarily be some degree of similarity
More informationTHE SPECIAL COUNSEL IS AN INFERIOR OFFICER
April 24, 2018 The Honorable Charles Grassley Chairman U.S. Senate Committee on the Judiciary Washington, DC 20510-6275 The Honorable Dianne Feinstein Ranking Member U.S. Senate Committee on the Judiciary
More informationPresidency of Ulysses S. Grant
Civil War Book Review Summer 2018 Article 23 Presidency of Ulysses S. Grant Mark A. Neels Western Wyoming Community College, mneels@westernwyoming.edu Follow this and additional works at: https://digitalcommons.lsu.edu/cwbr
More informationFollow this and additional works at: Part of the Law Commons
GW Law Faculty Testimony Before Congress & Agencies Faculty Scholarship 2011 Judicial Reliance on Foreign Law: Hearing Before the H. Subcomm. on the Constitution of H. Comm. on the Judiciary, 112th Cong.,
More informationFIRST AMENDMENT DOCTRINE AS REGIME POLITICS. Prepared as a ticket for the Maryland Schmooze on Constitutional Law and Theory.
FIRST AMENDMENT DOCTRINE AS REGIME POLITICS HOWARD GILLMAN PROFESSOR OF POLITICAL SCIENCE AND LAW UNIVERSITY OF SOUTHERN CALIFORNIA Prepared as a ticket for the Maryland Schmooze on Constitutional Law
More informationA Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State".
University of Minnesota Law School Scholarship Repository Constitutional Commentary 1993 A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State". Mark A. Graber Follow this and additional
More informationElection Notice. Special Election to Fill a FINRA Large Firm Governor Vacancy. April 20, Petitions for Candidacy Due: Monday, June 4, 2018
Election Notice Special Election to Fill a FINRA Large Firm Governor Vacancy Petitions for Candidacy Due: Monday, June 4, 2018 April 20, 2018 Suggested Routing Executive Representatives Senior Management
More informationKeynote Address JUSTICE JOHN PAUL STEVENS (RET).
Keynote Address JUSTICE JOHN PAUL STEVENS (RET). Let me begin by expressing my admiration for the work performed by Justice Elana Kagan, who now occupies the seat of the Supreme Court that became vacant
More informationSeminar Background and Structure
Fourth International Seminar on Decolonization in the 20th Century July 5 to August 1, 2009 Washington, D.C., USA Seminar Background and Structure Decolonization Seminar to be held by the National History
More informationForeword, "Modern Civil Procedure: Issues in Controversy"
Yale Law School Yale Law School Legal Scholarship Repository Faculty Scholarship Series Yale Law School Faculty Scholarship 1-1-1991 Foreword, "Modern Civil Procedure: Issues in Controversy" George L.
More informationNEW YORK COUNTY LAWYERS ASSOCIATION
NEW YORK COUNTY LAWYERS ASSOCIATION 14 Vesey Street New York, NY 10007 212/267-6647 www.nycla.org REPORT ON THE REAFFIRMATION OF AMERICAN INDEPENDENCE RESOLUTIONS U.S. HOUSE RESOLUTION 97 AND SENATE RESOLUTION
More informationBACK TO BUSINESS AT THE SUPREME COURT: THE ADMINISTRATIVE SIDE OF CHIEF JUSTICE ROBERTS
BACK TO BUSINESS AT THE SUPREME COURT: THE ADMINISTRATIVE SIDE OF CHIEF JUSTICE ROBERTS Richard J. Lazarus INTRODUCTION This November, like every November for decades, the Harvard Law Review published
More informationFederal States in the Broader World
Canada-United States Law Journal Volume 27 Issue Article 10 2001 Federal States in the Broader World Matthew Schaefer Follow this and additional works at: https://scholarlycommons.law.case.edu/cuslj Part
More informationFOREWORD 2007 FOURTH AMENDMENT SYMPOSIUM
FOREWORD 2007 FOURTH AMENDMENT SYMPOSIUM INDEPENDENT STATE GROUNDS: SHOULD STATE COURTS DEPART FROM THE FOURTH AMENDMENT IN CONSTRUING THEIR OWN CONSTITUTIONS, AND IF SO, ON WHAT BASIS BEYOND SIMPLE DISAGREEMENT
More informationLitigant Consent: The Missing Link for Permissible Jurisdiction for Final Judgment in Non-Article III Courts after Stern v.
Journal of Gender, Social Policy & the Law Volume 20 Issue 4 Article 8 2012 Litigant Consent: The Missing Link for Permissible Jurisdiction for Final Judgment in Non-Article III Courts after Stern v. Marshall
More informationPolitical Development and the Origins of the Living Constitution By Howard Gillman September 2007
Political Development and the Origins of the Living Constitution By Howard Gillman September 2007 The American Constitution Society takes no position on particular legal or policy initiatives. All expressions
More informationErnest Boyer s Scholarship of Engagement in Retrospect
Journal of Higher Education Outreach and Engagement, Volume 20, Number 1, p. 29, (2016) Copyright 2016 by the University of Georgia. All rights reserved. ISSN 1534-6104, eissn 2164-8212 Ernest Boyer s
More informationThe Global Constitutional Canon: Some Preliminary Thoughts. Peter E. Quint (Maryland) What is the global constitutional canon?
The Global Constitutional Canon: Some Preliminary Thoughts Peter E. Quint (Maryland) What is the global constitutional canon? Its underlying theory certainly must differ, in significant respects, from
More informationAidis, Ruta, Laws and Customs: Entrepreneurship, Institutions and Gender During Economic Transition
PANOECONOMICUS, 2006, 2, str. 231-235 Book Review Aidis, Ruta, Laws and Customs: Entrepreneurship, Institutions and Gender During Economic Transition (School of Slavonic and East European Studies: University
More informationTheme Content, Scholars and Classroom Material Development
NEH 2011 Landmarks of American History and Culture Summer Teacher Workshop A Revolution in Government: Philadelphia, American Independence and the Constitution, 1765-1791 July 11-15, 2011 or July 18-22,
More informationCONNECTICUT NATIONAL BANK v. GERMAIN, trustee for the ESTATE OF O SULLIVAN S FUEL OIL CO., INC.
OCTOBER TERM, 1991 249 Syllabus CONNECTICUT NATIONAL BANK v. GERMAIN, trustee for the ESTATE OF O SULLIVAN S FUEL OIL CO., INC. certiorari to the united states court of appeals for the second circuit No.
More informationBooks Received. Nebraska Law Review. Volume 49 Issue 1 Article 12. Follow this and additional works at:
Nebraska Law Review Volume 49 Issue 1 Article 12 1969 Books Received Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation, Books Received, 49 Neb. L. Rev. (1970)
More informationU.S. Constitutional Law and Politics I Fall 2017
U.S. Constitutional Law and Politics I Fall 2017 Course Information: Course: PSC 2214 (formerly PSC 114) Time: Thursday 7:10-9:40 pm Location: Monroe Hall 250 Instructor Information: Name: Daniel W. Ericson,
More informationPolitical Science 254 American Political Development Fall 2011
Political Science 254 American Political Development Fall 2011 Over the years the phrase, American Political Development, has come to connote a genre of research that addresses a particular set of issues.
More informationCRITICAL JUDICIAL NOMINATIONS AND POLIT ICAL CHANGE: THE IMPACf OF CLARENCE THOMAS. By Christopher E. Smith.t Westport, Conn:
622 CONSTITUTIONAL COMMENTARY [Vol. 11:622 CRITICAL JUDICIAL NOMINATIONS AND POLIT ICAL CHANGE: THE IMPACf OF CLARENCE THOMAS. By Christopher E. Smith.t Westport, Conn: Praeger. 1993. Pp. xii, 172. $47.95.
More informationArkPSA Arkansas Political Science Association
ArkPSA Arkansas Political Science Association Book Review: How Governors Shaped the Presidency and Intergovernmental Relations Author(s): Samuel Lucas McMillan Source: The Midsouth Political Science Review,
More informationUnit 4C STUDY GUIDE. The Judiciary. Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III.
Unit 4C STUDY GUIDE The Judiciary Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III. 1. What power is vested in the courts? 2. The shall extend to all
More informationThe Politics of Major Policy Reform in Postwar America
The Politics of Major Policy Reform in Postwar America The Politics of Major Policy Reform in Postwar America examines the politics of recent landmark policy in areas such as homeland security, civil rights,
More informationThe Second Amendment, Incorporation and the Right to Self Defense
Brigham Young University Prelaw Review Volume 24 Article 18 4-1-2010 The Second Amendment, Incorporation and the Right to Self Defense Jason Bently Follow this and additional works at: https://scholarsarchive.byu.edu/byuplr
More informationCiting the Transcript of Oral Argument: Which Justices Do It and Why
LIU_FINAL_PDF_8.29.08.DOC 8/31/2008 11:22:22 AM Frederick Liu Citing the Transcript of Oral Argument: Which Justices Do It and Why The behavior of the Justices during oral argument has always fascinated
More informationJOURNAL OF INTERNATIONAL ECONOMIC LAW
Abbott: International Economic Law: Implications for Scholarship UNIVERSITY OF PENNSYLVANIA JOURNAL OF INTERNATIONAL ECONOMIC LAW Volume 17 Summer 1996 Number 2 INTRODUCTIONS "INTERNATIONAL ECONOMIC LAW":
More informationFordham International Law Journal
Fordham International Law Journal Volume 16, Issue 3 1992 Article 12 Horacio A. Grigera Naón, Choice-of-Law Problems in International Commercial Regulation Joseph T. McLaughlin Copyright c 1992 by the
More informationWITH THIS ISSUE, the Pennsylvania Magazine of History and
A Roundtable Discussion of Matthew Countryman s Up South Up South: Civil Rights and Black Power in Philadelphia. By Matthew J. Countryman. (Philadelphia: University of Pennsylvania Press, 2005. 417p. Illustrations,
More informationCHIEF JUSTICE REHNQUIST S APPOINTMENTS TO THE FISA COURT: AN EMPIRICAL PERSPECTIVE
Copyright 2007 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 101, No. 1 CHIEF JUSTICE REHNQUIST S APPOINTMENTS TO THE FISA COURT: AN EMPIRICAL PERSPECTIVE
More informationVolume 72, Summer-Fall 1998, Numbers 3-4 Article 1. Follow this and additional works at:
St. John's Law Review Volume 72, Summer-Fall 1998, Numbers 3-4 Article 1 Foreword Charles S. Bobis Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview Recommended Citation
More informationBOOK PROJECT Trading Barriers: Firms, Immigration, and the Remaking of Globalization (Forthcoming, Princeton University Press)
MARGARET E. PETERS Department of Political Science Yale University 77 Prospect St. P.O. Box 208209 New Haven, CT 06520 203-432-1045 margaret.peters@yale.edu http://campuspress.yale.edu/margaretpeters/
More information262 The Review of Korean Studies
Political History of North Korea I: The History of Party, State, and Military Construction. By Kim Gwang-un. 2003. Seoul: Seonin, 976 pp. 38,000 Korean Won Charles Armstrong The study of the Democratic
More informationAn Introduction to Lawyering for the Rule of Law
Jerusalem Review of Legal Studies, Vol. 11, No. 1 (2015), pp. 1 5 doi:10.1093/jrls/jlu025 Published Advance Access April 28, 2015 An Introduction to Lawyering for the Rule of Law Introductory note Malcolm
More informationCongressional Consent and other Legal Issues
Congressional Consent and other Legal Issues While a host of legal issues exist for interstate compacts, state officials have traditionally been most concerned with two areas: 1) congressional consent
More informationIntroduction to the Symposium on Judicial Takings
From the SelectedWorks of Benjamin Barros July, 2012 Introduction to the Symposium on Judicial Takings Benjamin Barros, Widener University - Harrisburg Campus Available at: https://works.bepress.com/benjamin_barros/20/
More informationForeword. David L. Featherman. Director of the Institute for Social Research
David L. Featherman Director of the Institute for Social Research Survey research, based on ever more precise samples of populations, measurements of concepts, and methods of mental interrogation, is little
More informationFollow this and additional works at: Part of the Library and Information Science Commons
University of South Carolina Scholar Commons Faculty Publications Library and information Science, School of 4-1-2003 Trophies of War and Empire: The Archival Heritage of Ukraine, World War II, and the
More informationThe Limits of the New Deal Analogy
Notre Dame Law School NDLScholarship Journal Articles Publications 2-6-2012 The Limits of the New Deal Analogy Barry Cushman Notre Dame Law School, bcushman@nd.edu Follow this and additional works at:
More informationT05P07 / International Administrative Governance: Studying the Policy Impact of International Public Administrations
T05P07 / International Administrative Governance: Studying the Policy Impact of International Public Administrations Topic : T05 / Policy Formulation, Administration and Policymakers Chair : Jörn Ege -
More informationBook Review: The American Judicial Tradition: Profiles of Leading American Judges, by G. Edward White
Osgoode Hall Law Journal Volume 15, Number 2 (October 1977) Article 16 Book Review: The American Judicial Tradition: Profiles of Leading American Judges, by G. Edward White Frederick Vaughan Follow this
More informationThe Presidency CHAPTER 11 CHAPTER OUTLINE CHAPTER SUMMARY
CHAPTER 11 The Presidency CHAPTER OUTLINE I. The Growth of the Presidency A. The First Presidents B. Congress Reasserts Power II. C. The Modern Presidency Presidential Roles A. Chief of State B. Chief
More informationINTRODUCTION THE HONORABLE HELEN WILSON NIES*
INTRODUCTION THE FEDERAL CIRCUIT: A COURT FOR THE FUTURE THE HONORABLE HELEN WILSON NIES* This year we will celebrate the tenth anniversary of the United States Court of Appeals for the Federal Circuit.
More informationCRS Report for Congress
Order Code RS20021 Updated March 7, 2006 CRS Report for Congress Received through the CRS Web The President s State of the Union Message: Frequently Asked Questions Summary Michael Kolakowski Information
More informationNo In the Supreme Court of the United States. On Writ of Certiorari to the United States Court of Appeals for the Federal Circuit
No. 16-712 In the Supreme Court of the United States Oil States Energy Services LLC, Petitioner, v. Greene s Energy Group, LLC, Respondent. On Writ of Certiorari to the United States Court of Appeals for
More informationWorld Constitutions Illustrated Contemporary & Historical Documents & Resources
Outstanding Choice Academic Title World Constitutions Illustrated Contemporary & Historical Documents & Resources The Most Complete Source for Current & Historical Constitutions Focusing on the study of
More informationA History of Alternative Dispute Resolution
A History of Alternative Dispute Resolution The Story of a Political, Cultural, and Social Movement Published in affiliation with the Association for Conflict Resolution A History of Alternative Dispute
More informationIntroduction: Globalization of Administrative and Regulatory Practice
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2002 Introduction: Globalization of Administrative and Regulatory Practice Charles
More informationFrederick Schauerz 1997] BOOK REVIEWS 389
1997] BOOK REVIEWS 389 THE FEDERAL IMPEACHMENT PROCESS: A CON STITUTIONAL AND HISTORICAL ANALYSIS. By Michael J. Gerhardt.! Princeton, N.J.: Princeton University Press. 1996. Pp. xvi, 233. Cloth, $24.95.
More informationRaoul Berger, Government by the Judiciary: The Transformation of the Fourteenth Amendment
Valparaiso University Law Review Volume 12 Number 3 pp.617-621 Spring 1978 Raoul Berger, Government by the Judiciary: The Transformation of the Fourteenth Amendment Thomas H. Nelson Recommended Citation
More informationTeaching Constitutional Law: Homage to Clio
Teaching Constitutional Law: Homage to Clio David P. Bryden* Constitutional Law is a required course in the typical law school curriculum. Yet relatively few students will ever litigate first amendment
More informationThe Meiji Constitution: The Japanese Experience of the West and the Shaping of the
The Meiji Constitution: The Japanese Experience of the West and the Shaping of the Modern State. By Takii Kazuhiro. Translated by David Noble. International House of Japan, Tokyo, 2007. xix, 196. Reviewed
More informationConstitutional Interpretation and "The World Out There": An Introduction to the Symposium
Brooklyn Law Review Volume 72 Issue 1 SYMPOSIUM: Justice Blackmun and Judicial Biography: A Conversation With Linda Greenhouse Article 1 2006 Constitutional Interpretation and "The World Out There": An
More informationCase 1:19-cr ABJ Document 28 Filed 02/08/19 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:19-cr-00018-ABJ Document 28 Filed 02/08/19 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Case No.: 1:19-CR-00018-ABJ UNITED STATES OF AMERICA, v. Plaintiff, ROGER
More informationIntroduction to Religion and the State
William & Mary Law Review Volume 27 Issue 5 Article 2 Introduction to Religion and the State Gene R. Nichol Repository Citation Gene R. Nichol, Introduction to Religion and the State, 27 Wm. & Mary L.
More informationU.S. Circuit Court Judges: Profile of Professional Experiences Prior to Appointment
U.S. Circuit Court Judges: Profile of Professional Experiences Prior to Appointment Barry J. McMillion Analyst on the Federal Judiciary May 9, 2014 Congressional Research Service 7-5700 www.crs.gov R43538
More informationThe Most Influential US Court Cases: Civil Rights Cases
The Most Influential US Court Cases: Civil Rights Cases THE CASES Dred Scott v. Sanford 1857 Plessy v. Ferguson 1896 Powell v. Alabama 1932 (Scottsboro) Korematsu v United States 1944 Brown v Board of
More information(final 27 June 2012)
Russian Regional Branch of the International Law Association 55 th Annual Meeting Opening Remarks by Ms. Patricia O Brien, Under-Secretary-General for Legal Affairs The Legal Counsel Wednesday, 27 June
More informationUnited States Courts and Imperialism
Washington and Lee Law Review Online Volume 73 Issue 1 Article 13 8-15-2016 United States Courts and Imperialism David H. Moore Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr-online
More informationRESPONSE. Hein and the Goldilocks Principle. Maya Manian
RESPONSE Hein and the Goldilocks Principle Maya Manian Two weeks into his presidency, George W. Bush issued an executive order establishing the White House Office of Faith-Based and Community Initiatives
More informationDOWNLOAD PDF CONGRESS AND ITS MEMBERS, 8TH EDITION
Chapter 1 : Congress and its members - Roger H. Davidson, Walter J. Oleszek, Frances E. Lee - Google B Congress and Its Members. Plus easy-to-understand solutions written by experts for thousands of other
More informationPOLSCI 271: AMERICAN CONSTITUTIONAL LAW I
CARLETON COLLEGE: THE DEPARTMENT OF POLITICAL SCIENCE POLSCI 271: AMERICAN CONSTITUTIONAL LAW I INFO Instructor: Joel Schlosser Dates: Winter Term 2008 Email: jschloss@carleton.edu Times: M and W 1:50
More informationStatement of Sally Katzen. Visiting Professor of Law, New York University School of Law And Senior Advisor at the Podesta Group.
Statement of Sally Katzen Visiting Professor of Law, New York University School of Law And Senior Advisor at the Podesta Group before the Subcommittee on Courts, Commercial and Administrative Law of the
More information