Recently added articles from Harvard Law Review:
Federalism and the generality problem in constitutional interpretation.
Jun 01, 2009; ... <Pre> TABLE OF CONTENTS I. LETTER VERSUS SPIRIT 2009 A. The Holy Trinity Era 2011B. The New Textualism 2013 II. THE NEW FEDERALISM 2020 A. Federalism ...
The conservative insurgency and presidential power: a developmental perspective on the unitary executive.
Jun 01, 2009; ... <Pre> TABLE OF CONTENTS I. A NEW FORMALISM 2074 II. EARLY CONSTRUCTIONS 2077 III. THE PROGRESSIVE CONSTRUCTION 2083 IV. THE UNITARY EXECUTIVE AS THEORY 2092 V. THE UNITARY EXECUTIVE AS ...
Statutory Default Rules: How to Interpret Unclear Legislation.(Book review)
Jun 01, 2009; ... STATUTORY DEFAULT RULES: HOW TO INTERPRET UNCLEAR LEGISLATION. By Einer Elhauge. Cambridge: Harvard Univ. Press. 2008. Pp. 386. $55.00. In his book Statutory Default Rules, (1) Einer Elhauge responds to calls to assess statutory interpretation techniques through the lens of ...
Strict scrutiny in the middle forum.
Jun 01, 2009 ... I. INTRODUCTION It is perhaps no exaggeration that "the story of the First Amendment is the story of the public forum doctrine." (1) Stated in its simplest form, forum analysis requires a court first to categorize a location (or forum) to which a speaker seeks access for the ...
The mysteries of the Congressional Review Act.
Jun 01, 2009 ... When President George W. Bush came into office, one of his Administration's first actions was to delay and withdraw the last-minute regulations that President Clinton had enacted in his final weeks in office. (1) And as President Bush's term came to an end, his staff took steps widely ...