Category Archives: legislation and legislatures

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

November 24, 2014, 4:33 pmlegislation and legislatures, statutory interpretation, Supreme CourtRick Hasen

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… Continue reading

John Harwood NYT Article Blames Lack of Technical Corrections on ACA Bill on Partisan Polarization

November 23, 2014, 8:41 pmlegislation and legislatures, political polarizationRick Hasen

This on King v. Bruwell seems clearly right, and formed the background of my recent LA Times oped, which included this passage: Even if Congress were to come together in a bipartisan way to override some statutory… Continue reading

“SNL’s Obama Shoves The Schoolhouse Rock Bill Down The Capitol Steps”

November 23, 2014, 3:17 pmlegislation and legislaturesRick Hasen

This latest I’m Just a Bill parody is one of the best. Here is my collection of earlier parodies.

“GOP megadonor Sheldon Adelson faces conservative rebellion over online gambling”

November 20, 2014, 2:36 pmcampaign finance, campaigns, legislation and legislatures, lobbyingRick Hasen

Fascinating WaPo report.

“Should Judges Judge?: The Affordable Care Act, Subsidies, and Judicial Engagement”

November 19, 2014, 1:20 pmlegislation and legislatures, statutory interpretationRick Hasen

Bill Maurer on textualism, responding in part to my Slate piece, Bad Readers.

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

November 19, 2014, 1:14 pmlegislation and legislatures, political parties, political polarizationRick Hasen

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… Continue reading

“A handful of bills could bridge the partisan divide. But will they start a trend?”

November 18, 2014, 9:00 pmlegislation and legislatures, political parties, political polarizationRick Hasen

WaPo reports.

“Invest in Smarter Government”

November 15, 2014, 2:35 pmlegislation and legislatures, lobbyingRick Hasen

Lee Drutman for Cato: Congressional offices are thus stretched thin. They lack resources to develop and execute policies. What this means is that to get its work done, Congress has to rely significantly on lobbyists representing some very narrow interests,… Continue reading

In Glenn Reynolds’ Proposal for a “Revolving Door” Surtax Unconstitutional?

November 10, 2014, 11:36 amcampaign finance, legislation and legislatures, lobbyingRick Hasen

Glenn Reynolds in USA Today proposes six bills for the new Republican Congress to pass, including this: 6. Institute a “revolving door” surtax on those who make more in post-government employment. Leave a Treasury job making $150,000 a year… Continue reading

“California GOP victory: Democrats denied supermajority”

November 5, 2014, 9:01 pmlegislation and legislatures, political parties, political polarizationRick Hasen

LAT reports.

“Ex-Lawmakers Predict Post-Election Return of Earmarks”

November 4, 2014, 8:25 amlegislation and legislaturesRick Hasen

BLT reports.

“A Program in Legislation”

October 16, 2014, 2:21 amlegislation and legislatures, pedagogyJustin Levitt

Dakota S. Rudesill, Christopher J. Walker, and Daniel P. Tokaji have posted this paper on SSRN: This Essay urges that Legislation be conceived of not just as a single course, but as a set of curricular and extracurricular offerings that… Continue reading

“What’s In A Name? It Could Matter If You’re Writing To Your Lawmaker”

October 13, 2014, 9:33 amlegislation and legislatures, voter idJustin Levitt

NPR reports on a fascinating (and alarming) study — I’d seen an earlier draft. Researchers emailed state legislators, asking what kind of documentation they needed; the only difference in the emails was the name of the sender (Jacob Smith… Continue reading

Battles over Municipal Charter Amendment

October 11, 2014, 4:02 pmballot access, direct democracy, legislation and legislaturesJustin Levitt

An interesting story in Ohio at the intersection of citizen initiatives, delegation of legislative duties, election administration, and last-minute court orders, in the municipal context. A charter amendment has been placed on the ballot, off the ballot, off the ballot,… Continue reading