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Above Politics: Congress and the Supreme Court in 2017
Get PDFThe Supreme Court figured prominently in the November 2016 elections because of the vacancy on the Court that resulted from the death of Justice Antonin Scalia. This Essay picks up the story by examining the place of the Supreme Court in national politics during 2017. It traces congressional efforts to respond to statutory and constitutional rulings by the Court as well as steps to regulate the operations of the Court and the work of the Justices. Although in 2017 Republicans and Democrats introduced numerous bills directed at the Court, these bills were generally modest in scope and, even so, did not make it through the legislative process by the close of the year. The Supreme Court prides itself on being above politics in the sense that it is guided solely by the rule of law. The 2017 experience suggests the Court may be above politics in a quite different sense: that it is beyond the reach of the political process and can decide cases with little risk of response from Congress
The Consequences of \u3cem\u3eCitizens United\u3c/em\u3e: What Do the Lawyers Say?
Get PDFThis Essay examines a polarized world of advocacy over campaign finance regulation in the Roberts Court. It considers what lawyers who filed party and amicus briefs in Citizens United v. Federal Election Commission have to say about the consequences of the decision. It shows that the lawyers generally agree about the ruling’s direct consequences but strongly disagree about whether those consequences are good or bad for the country and what lessons the public should draw. This Essay also explores the competing frames that these lawyers bring to questions about money in politics and their competing perspectives about government and where the greatest threats to democracy lie
Vindicating Statutory Employment Rights in the Age of Mandatory Arbitration: State Attorney General Parens Patriae Litigation as an Alternative to Class Actions
Get PDFBuilding a Regime of Restrictive Immigration Laws, 1840-1945
No full textH-Pad is happy to announce the release of its sixth broadside. In “Building a Regime of Restrictive Immigration Laws, 1840-1945,” Felice Batlan traces a century of U.S. government laws, policies, and attitudes regarding immigration. The broadside explores how ideas about race, class, religion, and the Other repeatedly led to laws restricting the immigration of those who members of Congress, the President, and the U.S. public considered inferior and/or a threat
Convergence and Divergence in International Economic Law and Politics
No full textThis article explores the phenomena of convergence and divergence in international economic law. It argues that both international trade and investment law have been forced to overcome a structural (legal-institutional) prioritization of market goals via competing social regulatory concerns. It is at this stress point that we argue that a powerful set of converging and procedurally orientated hermeneutics can be identified in the jurisprudence that, properly employed, could significantly bolster the elasticity and durability of state commitment to international economic law constraints. There remain, however, continuing textual and systemic divergences at play, which opponents will often dismiss for reasons of stasis or capture. On deeper analysis, however, key divergences may well be rational considering the unintended or adverse consequences that can flow from the unfiltered transplant of norms, doctrinal tests or institutional models
Allocating Liability Among Multiple Responsible Causes: Principles, Rhetoric and Power - Chapter 2
No full textFederalism of Personal Finance: State & Federal Retirement Plans
No full textIn this Article, I consider possible approaches that attempt to improve the plans through which millions of Americans tend to their life savings. I begin by considering the inadequacies of our current system of defined contribution accounts and then address two possible alternatives: the first being a federal account universally available to Americans based largely on the model of the Thrift Savings Plan; the second being a system of statebased retirement accounts like those that have already been developed in a handful of states. Though I conclude that a single, federal plan would be superior, either alternative approach would be an improvement over our current system
Time Bandits: The Seventh Circuit Gets It Wrong by Allowing Debt Purchasers to Escape FDCPA Liability for Filing Time-Barred Proofs of Claim in Chapter 13 Bankruptcies
Get PDFDebt purchasers can use debtors’ bankruptcies to profit from stale, otherwise unenforceable debt. Although state statutes of limitations bar legal enforcement of this debt, predictable breakdowns of the bankruptcy process mean that the debtor might be forced to pay anyway. Courts have determined that this scheme does not violate the Fair Debt Collection Practices Act, allowing debt purchasers to continue this scheme without repercussion