Browsing by Subject "Judicial review -- United States"

Now showing items 1-9 of 9

    • Agency Coordination in Shared Regulatory Space 
      Rossi, Jim, 1965-; Freeman, Jody (Harvard Law Review, 2012)
      This Article argues that inter-agency coordination is one of the great challenges of modern governance. It explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to "share ...
    • Judicial Review of Agency Inaction: An Arbitrariness Approach 
      Bressman, Lisa Schultz (New York University Law Review, 2004)
      This Article contends that the current law governing judicial review of agency inaction, though consistent with the prevailing theory of agency legitimacy, is inconsistent with the founding principles of the administrative ...
    • Politics and Judgment 
      Sherry, Suzanna (Missouri Law Review, 2005)
      Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American ...
    • The Populist Safeguards of Federalism 
      Mikos, Robert A. (Ohio State Law Journal, 2007)
      Extant legal scholarship often portrays citizens as the catalysts of federalization. Scholars say that citizens pressure Congress to impose their morals on people living in other states, to trump home-state laws with which ...
    • The Reviewability of the President's Statutory Powers 
      Stack, Kevin M. (Vanderbilt Law Review, 2009)
      This Article argues that longstanding doctrines that exclude judicial review of the determinations or findings the President makes as conditions for invoking statutory powers should be replaced. These doctrines are ...
    • Too Clever By Half: The Problem with Novelty in Constitutional Law 
      Sherry, Suzanna (Northwestern University Law Review, 2001)
      As Robert Bennett's article illustrates, the "counter-majoritarian difficulty" remains--some forty years after its christening--a central theme in constitutional scholarship. [See Robert W. Bennett, "Counter-Conversationalism ...
    • Waivers, Flexibility, and Reviewability 
      Rossi, Jim, 1965- (Chicago -Kent Law Review, 1997)
      In this Comment, I shall explore the issue of reviewability, as discussed by Krent, in the context of one flexible approach to regulation-- express agency waiver of regulations. Part I of this Comment addresses the increased ...
    • What's Law Got to Do With It? 
      Sherry, Suzanna (Perspectives on Politics, 2004)
      The authors of this fascinating study modestly disclaim its significance, yet suggest that the results prove their model a success. As a legal expert, I have a rather different perspective on the results. I look at the ...
    • Why We Need More Judicial Activism 
      Sherry, Suzanna (Green Bag, 2013)
      Too much of a good thing can be bad, and democracy is no exception. In the United States, the antidote to what the drafters of the Constitution called “the excess of democracy” is judicial review. Lately, however, judicial ...