New Deal constitutionalism and the unshackling of the states
The standard understanding that the Supreme Court of the New Deal era transferred legislative power from the states to the federal government is mistaken. The Court expanded the regulatory and legislative power of both federal and state governments. The Court's efforts were also not limited to Congressional Commerce Clause powers but involved many state powers as well. In particular, the Court's rulings on preemption, substantive due process, state judicial power, incorporation and the dormant Commerce Clause strengthened legislative power by curbing judicial review.
Publication Name: University of Chicago Law Review
We can go too far in protecting public officials
Public officials enjoy a qualified immunity for discretionary official acts, and do not even have to justify their actions unless they are in violation of clearly established law. This immunity has barred suits on judicially unsettled issues of constitutional law. Cases arose each time because government officials took discretionary action not specifically authorized by law. Each ruling stated that qualified immunity protected defendants from monetary liability or from needing to defend the legality of their actions in cases in which the law was unsettled.
Publication Name: The National Law Journal
- Abstracts: The states can wait: the immediate appealability of orders denying Eleventh Amendment immunity
- Abstracts: The first site visit of the International Court of Justice in fulfillment of its judicial function. Foreign investment in the International Court of Justice: the ELSI case
- Abstracts: The arbitration of human rights complaints: the New York experience. part 2 Arbitration provisions for business contracts
- Abstracts: The regulation of groups: the influence of legal and nonlegal sanctions on collective action. Ambiguous quality changes from taxes and legal rules
- Abstracts: Preclusive effect of factual determinations of the International Trade Commission with regard to patent matters