Topic
Separation of Powers
Posts
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ArticleVol. 102 · Iss. 2
The Rule of Lenity and Affirmative Defenses
The rule of lenity is undergoing a renaissance. Lenity requires courts to construct ambiguous penal statutes narrowly. In recent years, scholars have sought to…
Steffen Seitz -
ArticleVol. 101 · Iss. 6
Minimalist Criminal Courts
Many penal abolitionists hold that criminal courts have been complicit in mass incarceration and essential to an irredeemably unjust and discriminatory system. As abolitionist…
Yoav Sapir & Guy Rubinstein -
ArticleVol. 101 · Iss. 4
Second-Class Administrative Law: Lincoln v. Vigil’s Puzzling Presumption of Unreviewability
Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative…
Matthew B. Lawrence -
ArticleVol. 100 · Iss. 6
The Judicial Assault on the Administrative State
Introduction The most substantial change in the United States Government has been the extraordinary growth and increased complexity of the United States Government itself.…
Joel Seligman -
ArticleVol. 100 · Iss. 4
The Empty Promise of the Fourth Amendment in the Family Regulation System
Abstract Each year, state agents search the homes of hundreds of thousands of families across the United States under the auspices of the family…
Anna Arons -
ArticleVol. 100 · Iss. 2
House Rules: Congress and the Attorney-Client Privilege
Abstract In 2020, the Supreme Court rendered a landmark decision in Trump v. Mazars establishing four factors for determining the validity of congressional subpoenas…
David Rapallo -
NoteVol. 100 · Iss. 2
The Stock Act Ten Years Later: The Need for a New Congressional Insider Trading Regulatory Scheme
Abstract A recent Pew Research poll indicated only 20% of Americans trust the federal government to “do the right thing.” Although falling trust in…
Andrew Krueger -
ArticleVol. 100 · Iss. 1
Litigating Authority for the FDA
Abstract The Food and Drug Administration (FDA), like most federal agencies, is a captive client. Its “lawyer,” the Department of Justice (DOJ), ultimately decides…
C. Joseph Ross Daval -
ArticleVol. 88 · Iss. 6
Reserved Seats on Japan’s Supreme Court
The Article examines the decision on the allocation of seats to private attorneys and scholars in the Japanese Supreme Court. It outlines the reallocation…
Lawrence Repeta -
ArticleVol. 88 · Iss. 6
The Supreme Court of Japan: Commentary on the Recent Work of Scholars in the United States
In this Article, the author discusses the issues involving the Supreme Court of Japan (SCJ). It outlines the scholarly works of American law professors…
Tokiyasu Fujita -
ArticleVol. 88 · Iss. 6
Why Has Judicial Review Failed in Japan?
The Article examines the political and institutional explanations for the failure of judicial review in Japan. It outlines the law reforms on the judicial…
David S. Law -
ArticleVol. 88 · Iss. 6
Why Is the Japanese Supreme Court So Conservative?
The Article explores the development of a conservative constitutional jurisprudence by the Japanese Supreme Court. It describes the process and the power of judicial…
Shigenori Matsui