1,721,257 research outputs found
Unitariness and Independence: Solicitor General Control over Independent Agency Litigation
Full text linkWith a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General\u27s authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government\u27s position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the Supreme Court: so long as there are independent agencies, Congress should allow independent agency self-representation whenever the Solicitor General is unwilling to advocate the agency\u27s interests. Thus, when disagreements between the Solicitor General and an independent agency are irreconcilable, the independent agency should be allowed to go its own way. The author concludes by connecting the issue of Solicitor General-independent agency relations to the larger debate over the unitary executive, arguing that the unitary executive is the only theory which supports Solicitor General control of independent agency litigation. In other words, to the extent that there is dissatisfaction with limiting Solicitor General control of Supreme Court litigation, that dissatisfaction speaks to the elimination of independent agency authority to reach decisions at odds with the executive
Why You Cannot Find a Swing Justice When You Really Need One
Full text linkFrom Richard Nixon’s 1972 appointment of swing Justice Lewis Powell until Donald Trump’s 2018 appointment of Brett Kavanaugh (to replace swing Justice Anthony Kennedy), the swing Justice ruled the roost. Sometimes voting with the Court’s conservatives and other times with its liberals, the swing Justice often cast the deciding vote and often embraced a sui generis middle ground. Those days now seem like a distant memory. An ideologically simpatico majority coalition drives the post-2018 Roberts Court (especially after Justice Amy Coney Barrett filled Justice Ruth Bader Ginsburg’s seat in 2020). In this Article, I will use the Court’s affirmative action in higher education cases to better understand why the swing Justice was pivotal from 1972 to 2018, why there are no swing Justices on the post-2018 Roberts Court, and why the swing Justice will not return. In so doing, I will connect the demise of the swing Justice to the simultaneous rise of party polarization and the conservative legal movement. I will also explain why this linkage of party and ideology did not begin until 2010 and how it is that this linkage could contribute to the eventual packing of the Court. Swing Justices may be critical to the survival of a nine Justice Court, but these “Super-Justices” cannot withstand the kryptonite of party polarization.
This abstract has been taken from the author\u27s introduction
Regulation of Government Agencies Through Limitation Riders
Full text linkCongress often attaches limitation riders to appropriations bills to establish its policy directives. Professor Devins argues that the appropriations process is not the proper vehicle for substantive policymaking. In this article, he analyzes institutional characteristics that prevent the full consideration or articulation of policy in appropriations bills. Professor Devins also considers the extent to which Congress\u27s use of limitation riders inhibits the effectiveness of the other branches of the federal government. Professor Devins concludes that, while Congress\u27s use of limitation riders is sometimes necessary, Congress should be aware of the significant risks associated with policymaking through the appropriations process
Appropriations Redux: A Critical Look at the Fiscal Year 1988 Continuing Resolution
Full text linkOn January 25, 1988, in his State of the Union Address, President Reagan blasted Congress for the budget process culminating in the Fiscal Year 1988 (FY 88) continuing resolution. 1 Contending that [m]ost of you in this chamber didn\u27t know what was in this [2100-page] catch all bill and [accompanying conference] report, the President boldly proclaimed that he would not sign another one of these. 2 This damning statement, rather than inciting the hostility associated with unfounded accusations, provoked the wild appreciation associated with a minister preaching to the faithful. Indeed, since Congress\u27s passage of the resolution, pledges of support for the President\u27s stand have been made by enough Congressmen and Senators to sustain such a veto. 3 There is good reason to dislike the FY 88 continuing resolution: the bill shattered Congress\u27s reputation as a deliberative body. Fearing the imminent shutdown of the government, 4 Congress adopted internal rules to preclude debate and amendment and effectively to deny access to the final version of the bill. 5 In essence, the resolution appears the secretive work-product of powerful legislators and their aides. This article\u27s concern is the recent proliferation of continuing resolutions and the legal issues associated with that proliferation -- matters that received only scant attention in my earlier piece on limitation riders. 6 In reviewing the causes and contents of last year\u27s continuing resolution, this article will not altogether remove the negative cast put on continuing resolutions. 7 At the same time, ..
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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