The Counterdemocratic Difficulty

AZ Huq - Nw. UL Rev., 2022 - HeinOnline
Since the 2020 elections, debate about the Supreme Court's relationship with the
mechanisms of national democracy has intensified. One important thread of that debate …

The Major Questions Doctrine and the Threat to Regulating Emerging Technologies

WG Johnson, LM Tournas - Santa Clara High Tech. LJ, 2022 - HeinOnline
Emerging technologies offer the potential to improve health and quality of life across a
number of domains. From artificial intelligence (AI) to genome editing, research and …

Constitutional Clash: Labor, Capital, and Democracy

K Andrias - Nw. UL Rev., 2023 - HeinOnline
In the last few years, workers have engaged in organizing and strike activity at levels not
seen in decades; state and local legislators have enacted innovative workplace and social …

Testing the Major Questions Doctrine

SB Joyce - Stan. Env't LJ, 2024 - HeinOnline
In 2022's West Virginia v. EPA, the Supreme Court formally announced the arrival of the
major questions doctrine, a principle of statutory interpretation that requires administrative …

Cost-Benefit Analysis in Polarized Times

JS Gould - Admin. L. Rev., 2023 - HeinOnline
COST-BENEFIT ANALYSIS IN POLARIZED TIMES Page 1 COST-BENEFIT ANALYSIS IN
POLARIZED TIMES JONATHAN S. GOULD* On nearly evey major issue of regulatoy policy …

Review essay: for constitutionalism

M Tushnet - Available at SSRN 4209674, 2022 - papers.ssrn.com
Abstract This Review Essay uses the publication of Martin Loughlin's Against
Constitutionalism and Roberto Gargarella's The Law as a Conversation Among Equals as …

Strengthening Independence: Constitutional Interests As A Paradigm For Judicial Review In Indonesia

A Rahman - Jurnal Hukum dan Peradilan, 2024 - jurnalhukumdanperadilan.org
The existence of a constitutional injury requirement since Constitutional Court Decision
Number 006/PUU-III/2005 was strengthened by Constitutional Court Regulation Number 2 …

Progressive Constitutionalism and Its Libertarian Discontents: The Case of LGBTQ Rights

CA Ball - Saint Louis University Law Journal, 2023 - papers.ssrn.com
This Article, based on the 2023 Childress Memorial Lecture given at the Saint Louis
University School of Law, argues that libertarian political morality and constitutionalism …

[图书][B] The Constitution of the War on Drugs

D Pozen - 2024 - library.oapen.org
This book recovers a lost history of constitutional challenges to punitive drug laws.
Throughout the 1960s and 1970s, advocates argued that criminal bans on marijuana …

Catalyzing Judicial Federalism

AB Sopko - Va. L. Rev. Online, 2023 - HeinOnline
In response to a US Supreme Court that is retrenching many important civil rights, some
advocates are turning to state courts and constitutions as alternative means of protection. 1 …