Topic
Separation of Powers
Posts
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NoteVol. 98 · Iss. 5
“Extraordinary and Compelling” Circumstances: Revisiting the Role of Compassionate Release in the Federal Criminal Justice System in the Wake of the First Step Act
This Note considers the constitutional implications and policy concerns arising from the updated compassionate release mechanism. Part I of this Note traces the statutory development of…
Siobhan O'Carroll -
CommentaryVol. 90 · Iss. 5
Legislative Oversight of a Bill of Rights: A Way to Rectify Judicial Activism
The term ?judicial activism has become a common part of modern American political speech, though it remains ambiguous and can often mean many different…
Duane L. Ostler -
ArticleVol. 90 · Iss. 5
Asking the First Question: Reframing Bivens After Minnici
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Named Agents of Federal Bureau…
Lumen N. Mulligan & Alexander A. Reinert -
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. -
ArticleVol. 88 · Iss. 1
In Search of a Theory of Deference: The Eighth Amendment, Democratic Pedigree, and Constitutional Decision Making
The Supreme Court’s recent Eighth Amendment death penalty case law is in disarray, and the confusion is symptomatic of a larger problem in constitutional…
Eric Berger -
ArticleVol. 98 · Iss. 1
Constraining the Statutory President
When agencies make decisions that are binding on the public, they must provide public notice, accept and consider public comments, and provide explanations for…
Kathryn E. Kovacs -
ArticleVol. 90 · Iss. 2
Bureaucratic Oppression: Its Causes and Cures
The purpose of this Article is to expand consideration of the problems involved in the interactions between government and individuals, and to explore potential…
Edward L. Rubin -
ArticleVol. 89 · Iss. 6
Linking the Questions: Judicial Supremacy As a Matter of Constitutional Interpretation
This Article explains that what has been missing from the debate between advocates of popular constitutionalism and defenders of judicial supremacy is any account…
Tabatha Abu El-Haj