“Sub-Regulating Elections”

Jennifer Nou has posted this draft on SSRN (forthcoming, Supreme Court Review).  Here is the abstract: Agency deadlocks are a recurring feature of election-related administrative agencies. Such agencies are often designed by Congress with even-numbered bipartisan commissions with majoritarian voting … Continue reading

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“Statutory Interpretation from the Inside – An Empirical Study of Congressional Drafting, Delegation and the Canons: Part II”

Abbe Gluck and Lisa Schultz Bressman have posted this draft on SSRN (forthcoming, Stanford Law Review).  This moves to the top of my statutory interpretation reading pile. Here is the abstract: This is the second of two Articles relaying the … Continue reading

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“Constitutional Interpretation and Congressional Overrides: Changing Trends in Court-Congress Relations”

Ryan Emenaker has posted this draft on SSRN. Here is the abstract: National policy is shaped through frequent interaction between the Court and Congress. The Court devotes the largest portion of its work to applying and interpreting congressional statutes. Congress … Continue reading

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“Statutory Interpretation from the Inside — An Empirical Study of Congressional Drafting, Delegation and the Canons: Part I”

Abbe Gluck and Lisa Schultz Bressman have posted this draft on SSRN (forthcoming Stanford Law Review).  This looks to be a top-of-the-pile must read. Here is the abstract: What role should the realities of the legislative drafting process play in … Continue reading

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“The Federal Common Law of Statutory Interpretation: Erie for the Age of Statutes”

Abbe Gluck has posted this draft on SSRN (William & Mary Law Review).  Here is the abstract: Modern statutory interpretation is a field dominated by court-created legal presumptions. Federal judges have created hundreds of default rules that range from subject-specific … Continue reading

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“End of the Dialogue? Political Polarization, the Supreme Court, and Congress”

I have just posted a revised and updated version of this article (forthcoming Southern California Law Review) on SSRN.  (The article was recently the subject of this Adam Liptak “Sidebar” column in the NY Times.)  Here is the revised abstract: … Continue reading

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Was Chief Justice Roberts Most Unprincipled in Applying the Doctrine of Constitutional Avoidance in the Health Care Case, in NAMUDNO (the Voting Rights Act Case) or in Citizens United?

In my initial post on the health care decision, I stated “Once again, the Chief has manipulated the doctrine of constitutional avoidance to do what he wanted to do in a high profile, important case.” I hadn’t had a chance … Continue reading

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“The ‘CBO Canon’ and the Debate Over Tax Credits on Federally Operated Health Insurance Exchanges”

The following is a guest post from Abbe Gluck [cross-posted from Balkinization]: Abbe Gluck The latest fracas over health reform—the challenge to subsidies for the federal exchanges—offers a long-overdue opportunity to think about how particular features of modern lawmaking might … Continue reading

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Federal Court Declines to Enjoin Disavowed Florida Purge Under NVRA

In a decision released this morning, a federal court declined to issue a temporary restraining order in the DOJ’s NVRA challenge to Florida’s purported purge of noncitizens. Part of the reason was that the Florida Secretary of State Detzner apparently said … Continue reading

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“Either/Or: Professors Zephyr Rain Teachout and Akhil Reed Amar – Contradictions and Reconciliation”

Seth Barrett Tillman has posted this draft on SSRN.  Here is the abstract: The Foreign Emoluments Clauseis a constitutional backwater. So much so, that there is no substantial discussion of this clause in any federal adjudication (although the Office of … Continue reading

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