Topic
Legislation
Posts
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ArticleVol. 103 · Iss. 6
The Crisis of Appropriations Law
Introduction Appropriations law is a unique body of federal law. Appropriations law imposes its own somewhat baroque set of statutory interpretation rules, approves of…
Samuel R. Bagenstos -
ArticleVol. 99 · Iss. 1
The Contingent Origins of Financial Legislation
ABSTRACT Courts and scholars often view major financial legislation warily. One popular theory holds that Congress only legislates in this area when pushed by opportunistic activists…
Peter Conti-Brown & Brian D. Feinstein -
ArticleVol. 93 · Iss. 2
Federal Securities Fraud Litigation as a Lawmaking Partnership
In its most recent Halliburton II decision, the Supreme Court rejected an effort to overrule its prior decision in Basic Inc. v. Levinson. The…
Jill E. Fisch -
ArticleVol. 91 · Iss. 4
The Conventional Option
The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster…
Sergio J. Campos & Gregory Koger -
ArticleVol. 91 · Iss. 3
The ‘Shell Bill’ Game: Avoidance and the Origination Clause
With increasing frequency, many important revenue laws, such as the Affordable Care Act and the American Taxpayer Relief Act of 2012, begin as “shell…
Rebecca M. Kysar -
ArticleVol. 90 · Iss. 4
Deconstructing Deem and Pass: A Constitutional Analysis of the Enactment of Bills by Implication
Since 1933, the U.S. House of Representatives has maintained a procedure, the self-executing rule, that permits a single floor vote to pass multiple independent…
Ronald J. Krotoszynski Jr.