The Recommendations Clause and the President’s Role in Legislation
Article II, Section 3 of the Constitution is the source of the President’s recommending function, stating that the President “shall… Continue reading →
Search results for: “Article”
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CAFA Settlement Notice Provision: Optimal Regulatory Policy?
Sometimes the periphery proves to be of central importance. In its infant years, the Class Action Fairness Act of 2005… Continue reading →
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Litigation Reform: An Institutional Approach
This Article is part of an ongoing study of the behavior of American political institutions, including courts, with respect to… Continue reading →
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Attorneys’ Fees in a Loser-Pays System
Attorneys’ fees fuel litigation, yet little is known about fees. Fee data are rarely available in the United States or… Continue reading →
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The Role of Choice of Law in National Class Actions
A number of the papers in this Symposium on the impact of the Class Action Fairness Act of 2005 (CAFA)… Continue reading →
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From the Particular to the General: Three Federal Rules and the Jurisprudence of the Rehnquist and Roberts Courts
With the possible exception of John Marshall, the Justice most frequently quoted by legal scholars is almost certainly Oliver Wendell… Continue reading →
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Immigration Law’s Organizing Principles
In his Article, Professor Cox questions the central principle of immigration law that rules for selecting immigrants are fundamentally different… Continue reading →
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Measuring In Absentia Removal in Immigration Court
No academic study has empirically analyzed decisions by United States immigration judges to deport noncitizens without first providing them a… Continue reading →
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Court Competition for Patent Cases
There are ninety-four federal district courts in the United States, but nearly half of the six thousand patent cases filed… Continue reading →
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Balance‐of‐Powers Arguments, the Structural Constitution, and the Problem of Executive “Underenforcement”
Balance‐of‐powers arguments are ubiquitous in judicial opinions and academic articles that address separation‐of‐powers disputes over the President’s removal authority, power… Continue reading →