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Remaking the United States Supreme Court in the Courts' of Appeals Image
(Duke Law Journal, 2009)
We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decision making, and retaining an en banc procedure ...
The Federal Court System
(Saint Louis University Law Journal, 2003)
We applaud Professor Merrill's bold and noteworthy effort to engage in a dialogue with political scientists who study the Supreme Court. He navigates a substantial body of social science scholarship largely ignored by legal ...
How to Save the Supreme Court
(Yale Law Journal, 2019)
The consequences of Justice Brett Kavanaugh’s Supreme Court confirmation are seismic. Justice Kavanaugh, replacing Justice Anthony Kennedy, completes a new conservative majority and represents a stunning Republican victory ...
Term Limits and Turmoil: Roe v. Wade's "Whiplash"
(Texas Law Review, 2019)
A fixed eighteen-year term for Supreme Court Justices has become a popular proposal with both academics and the general public as a possible solution to the countermajoritarian difficulty and as a means for depoliticizing ...