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The Constitutionality of Federal Jurisdiction-Stripping Legislation and the History of State Judicial Selection and Tenure
(Virginia Law Review, 2012)
Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal ...
The Unmaking of a Precedent
(Supreme Court Review, 2003)
How far can you stretch precedent before it breaks? The 2002 Term suggests that some Justices seem to think that treating precedent like silly putty is preferable to acknowledging that it might be in need of revision. But ...
The "Hidden Judiciary": An Empirical Examination of Executive Branch Justice
(Duke Law Journal, 2009)
Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the ...
Suing Courts
(University of Chicago Law Review, 2012)
This Article argues for a new and unexpected mechanism of judicial accountability:
suing courts. Current models of court accountability focus almost entirely on correcting
legal errors. A suit against the court would ...
Deciphering Courts of Appeals Decisions Using the U.S. Courts of Appeals Data Base
(Judicature, 2000)
Is one circuit significantly more conservative or liberal than the others? Do circuit courts
consistently avoid deciding the substance of certain appeals by concluding that the
plaintiffs lack standing? Have state ...
Institutional Design and the Lingering Legacy of Antifederalist Separation of Powers Ideals in the States
(Vanderbilt Law Review, 1999)
This Article applies comparative institutional analysis to separation of powers under state constitutions, with a particular focus on the nondelegation doctrine and states' acceptance of Chadha-like restrictions on legislative ...
Other Disciplines, Methodologies, and Countries: Studying Courts and Crisis
(Missouri Law Review, 2004)
How do governments and their citizens respond to fear and risk in times of crisis? Dr. Lee Epstein and Professor Christina Wells, in papers presented on the final symposium panel focus in particular on the Supreme Court's ...
Altering Attention in Adjudication
(UCLA Law Review, 2013)
Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of ...
"The Threes": Re-Imagining Supreme Court Decisionmaking
(Vanderbilt Law Review, 2008)
In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decision making... With respect to the prospect ...