Presidential Constitutionalism and Marriage Equality
“Presidential constitutionalism” has a distinctive origin in the duties of the President laid out in the Constitution. This article will… Continue reading →
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Central Clearing Of Financial Contracts: Theory And Regulatory Implications
To protect economic stability, postcrisis regulation requires financial institutions to clear and settle most of their derivatives contracts through central… Continue reading →
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Balancing Versus Structured Decision Procedures: Antitrust, Title VII Disparate Impact, And Constitutional Law Strict Scrutiny
Important doctrines in diverse areas of law employ structured decision procedures requiring, in rough terms, that the plaintiff first make… Continue reading →
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The Interior Structure Of Immigration Enforcement
Deportation dominates immigration policy debates, yet it amounts to a fraction of the work the immigration enforcement system does. This… Continue reading →
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ICWA And The Unwed Father: A Constitutional Corrective
The Indian Child Welfare Act provides important procedural protections for American Indian children, the parents of American Indian children, tribes,… Continue reading →
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The Logic Of Experience: The Role Of History In Recognizing Public Rights Of Access Under The First Amendment
This Comment addresses this dearth in scholarship by identifying eight ways lower courts use history to analyze the experience prong… Continue reading →
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Administrative Constitutionalism at the “Borders of Belonging”: Drawing on History to Expand the Archive and Change the Lens
Research on administrative constitutionalism has generally come out of law schools, from scholars specializing in public law. A limitation of… Continue reading →
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Administrative Constitutionalism and the Northwest Ordinance
The Northwest Ordinance is the fourth of the organic laws of the United States that preceded the U.S. Code, alongside… Continue reading →
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Municipal Administrative Constitutionalism: The New York City Commission on Human Rights, Foreign Policy, and the First Amendment
Administrative constitutionalism has been defined as “regulatory agencies’ interpretation and implementation of constitutional law,” and has come to represent a… Continue reading →
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Our Administered Constitution: Administrative Constitutionalism From the Founding to the Present
Administrative constitutionalism can be defined broadly or narrowly. Defined most broadly, it refers to agencies’ role in constructing constitutional norms… Continue reading →