“Senate abruptly wraps up, capping least productive Congress in modern history”

WaPo: The least-productive Congress in modern history drew to an abrupt close late Tuesday as the U.S. Senate extended dozens of expired tax breaks but failed to renew a federally backed terrorism insurance program supported by big businesses and major … Continue reading

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“Denying Deference: Civil Rights and Judicial Resistance to Administrative Constitutionalism”

Bertrall Ross has posted this draft on SSRN (University of Chicago Legal Forum).  Here is the abstract: What determines the level of deference the Supreme Court gives to agency interpretations of statutes? One explanation is that deference choices accord with … Continue reading

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Language of the Cromnibus Party Funding Rider

Here’s the text of the provision unveiled late yesterday (h/t Ray LaRaja), amending 52 U.S.C. 30116 to raise limits on contributions to parties for conventions, headquarters, and recounts. SEC. 101. SEPARATE CONTRIBUTION LIMITS FOR CONTRIBUTIONS MADE TO NATIONAL PARTIES TO SUPPORT PRESIDENTIAL NOMINATING CONVENTIONS, NATIONAL PARTY HEADQUARTERS … Continue reading

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“Response: Conscious Congressional Overriding of the Supreme Court, Gridlock, and Partisan Politics”

Jim Buatti and I have posted this draft on SSRN (forthcoming, Texas Law Review See Also).  Here is the abstract:   In a pathbreaking 1991 study of congressional overrides, Yale law professor William N. Eskridge found a rise during the 1970s … Continue reading

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“Things Aren’t Going That Well Over There Either: Party Polarization and Election Law in Comparative Perspective”

David Schleicher has posted this draft of SSRN (forthcoming, University of Chicago Legal Forum).  Here is the abstract: One of, if not the, most important change in American political life over the last 30 or so years has been the rise … Continue reading

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“Sunshine’s Shadow: Overbroad Open Meetings Laws as Content-Based, Distinct from Campaign Finance Disclosure Laws, and Constitutionally Suspect”

Steven Mulroy has posted this draft on SSRN.  Here is the abstract: In this Article, Professor Mulroy discusses “strict” open meetings laws applicable in many states to local legislators — laws which restrict substantive discussion of government business even among … Continue reading

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Now Available: Hasen, Legislation, Statutory Interpretation, and Election Law: Examples and Explanations

[Bumping to the top for the start of classes.] [UPDATE: You can now order the book at Amazon, or electronically as a Kindle Book, or directly from the publisher.] I am happy to announce that you can now buy my … Continue reading

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“Bad Readers: The judges who ruled against Obamacare are following Scalia down a terrible path of interpretation.”

I have written this new Jurisprudence essay for Slate. It begins: Unless you are a lawyer or a glutton for punishment, you probably want to avoid reading the new D.C. Circuit and 4th Circuit opinions reaching conflicting results on the … Continue reading

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