Category Archives: legislation and legislatures

“Lamar Alexander Seeks Path to Change in Senate”

November 9, 2015, 7:31 pmlegislation and legislatures, political parties, political polarizationRick Hasen

NYT: Nothing touches off a political war in the Senate like proposals to tinker with the arcane rules that govern the often creaky chamber. Talk of eliminating the filibuster is called the nuclear option for a reason. But Senator… Continue reading

“New health overhaul challenge reaching Supreme Court”

October 26, 2015, 7:30 amlegislation and legislatures, Supreme CourtRick Hasen

Mark Sherman of AP on the Origination Clause challenge to Obamacare. Here is my earlier analysis of the chances of cert. in this case: I could see this interesting Justice Scalia (whose alternative view of the origination clause gets play… Continue reading

“The Future of Deference”

October 22, 2015, 7:26 amlegislation and legislatures, statutory interpretationRick Hasen

Richard Pierce has posted this draft on SSRN. Here is the abstract: In this essay, Professor Pierce describes the history of the deference doctrines the Supreme Court has announced and applied to agency interpretations of ambiguous statutes and rules over… Continue reading

“Republicans talk more freely about ending filibuster”

October 20, 2015, 7:47 amlegislation and legislatures, political polarizationRick Hasen

Weigel.

“Lessons from the Turn of the Twentieth Century for First-Year Courses on Legislation and Regulation”

October 16, 2015, 7:12 amlegislation and legislatures, pedagogyRick Hasen

Kevin Stack has posted this draft on SSRN (Journal of Legal Education). Here is the abstract: This essay — part of a special journal issue on Legislation and Regulation and Regulatory State courses as core elements of the law school… Continue reading

“Senate Republicans open door to weakening the filibuster”

October 12, 2015, 7:27 amlegislation and legislaturesRick Hasen

The Hill reports.

“N.J.’s Menendez says actions that helped friend were legitimate”

September 11, 2015, 10:28 ambribery, chicanery, legislation and legislatures, Speech or Debate ClauseRick Hasen

NJ.com: Lawyers for U.S. Sen. Robert Menendez argued in U.S. District Court in Newark that his actions on behalf of Dr. Salomon Melgen concerned legitimate policy questions and were not favors for a friend and campaign donor. In filings submitted… Continue reading

“Why Wouldn’t Congress Give Pagliano Immunity?”

September 3, 2015, 8:36 amlegislation and legislaturesRick Hasen

Mike Stern explores.

More on Congressional Overrides of #SCOTUS Statutory Decisions

August 30, 2015, 6:21 pmlegislation and legislatures, Supreme CourtRick Hasen

In 2012, I wrote a paper, End of the Dialogue: Political Polarization, the Supreme Court and Congress. Using Bill Eskridge’s methodology, I updated his pathbreaking 1991 study on congressional overrides. Professor Eskridge and his co-author, Matt Christiansen did a… Continue reading

“Since President Obama took office, 85 of 98 state legislative bodies got more Republican”

August 26, 2015, 9:23 pmlegislation and legislatures, political partiesRick Hasen

Amazing statistic.

“Government Not Impressed by Menendez’s ‘Policy’ Approach to Speech or Debate”

August 26, 2015, 8:49 amchicanery, legislation and legislatures, Speech or Debate ClauseRick Hasen

Point of Order explains.

“Legislative Delegations and the Elections Clause”

August 26, 2015, 7:20 amElections Clause, legislation and legislatures, redistricting, Supreme CourtRick Hasen

Derek Muller has posted this draft on SSRN (forthcoming, FSU Law Review). Here is the abstract: Arizona State Legislature v. Arizona Independent Redistricting Commission might be viewed as a dispute about the control over redistricting, with a heavy emphasis on… Continue reading

“Potential for Democratic Filibuster on Iran Deal Angers Key Republican”

August 26, 2015, 7:16 amlegislation and legislaturesRick Hasen

Fascinating from the NYT: With the tide flowing in President Obama’s favor on the Iran nuclear deal, the architect of legislation that gave Congress a say in its approval is none too happy about the possibility that the accord may… Continue reading