Citations with the tag: JUDICIAL review -- United States
Results 1 - 50
- STATUTORY TIME LIMITS ON JUDICIAL REVIEW OF RULES: VERKUIL REVISITED.
Levin, Ronald M. // Cardozo Law Review; Jul2011, Vol. 32 Issue 6, p2203
A review of the article "Congressional Limitations on Judicial Review of Rules," by Paul R. Verkuil, which appeared in the "Tulane Law Review" in 1983, is presented.
- DELEGATION AND JUDICIAL REVIEW.
Merrill, Thomas W. // Harvard Journal of Law & Public Policy; Winter2010, Vol. 33 Issue 1, p73
No abstract available.
- Constitutional Horticulture: Deliberation-Respecting Judicial Review.
Eskridge Jr., William N.; Ferejohn, John // Texas Law Review; Jun2009, Vol. 87 Issue 7, p1273
The article focuses on deliberation-respecting judicial review in the U.S., from a horticultural perspective. It compares the constitutional design from an engineering perspective with that of from a horticultural perspective. Also cited are the advantages being offered by the horticulture...
- High Court to review FCC's decency policy on televised nudity, profanity.
Nagesh, Gautham // Hill; 6/28/2011, Vol. 18 Issue 94, p11
The article reports on the move of the U.S. Supreme Court to review a decision of the federal appeals court that declared invalid the statutory responsibility of the Federal Communications Commission (FCC) to regulate broadcast programming for indecency.
- The Fundamental and Natural Law 'Repugnant Review' Origins of Judicial Review: A Synergy of early English Corporate Law with Notions of Fundamental and Natural Law.
Perrone, Lawrence Joseph // BYU Journal of Public Law; 2008, Vol. 23 Issue 1, p61
The article outlines the various understandings of the judicial review origins and the synergy of early corporate law with notions of Fundamental and natural law in the U.S. It notes that the Constitution does not authorize judicial review which resulted in debates over its origins. The analysis...
- Judicial Review in Context: A Response to Counter-majoritarian and Epistemic Critiques.
Schulzke, Marcus; Carroll, Amanda // Theoria: A Journal of Social & Political Theory; 6/15/2011, Vol. 58 Issue 127, p1
This essay defends judicial review on procedural grounds by showing that it is an integral part of American democracy. Critics who object to judicial review using counter-majoritarian and epistemic arguments raise important concerns that should shape our understanding of the Supreme Court....
- INTERPRETATION AND CONSTRUCTION: ORIGINALISM AND ITS DISCONTENTS.
ROOSEVELT III, KERMIT // Harvard Journal of Law & Public Policy; Winter2011, Vol. 34 Issue 1, p99
An essay is presented on how constitutional interpretation and construction does not tarnish originalism. The essayist describes the possibility of a provision that directs different results in the changing times, such as the Equal Protection Clause. It negates the idea that judges simply get...
- STRUCTURAL EXCEPTIONALISM AND COMPARATIVE CONSTITUTIONAL LAW.
Lucas, G. Brinton // Virginia Law Review; Dec2010, Vol. 96 Issue 8, p1965
The article introduces two alternative traditions to judicial review and their representative courts in the U.S. It analyzes the differing views of the judiciary in each tradition by examining each system's view of the relationship between law and politics. It investigates the institutional...
- PAUL VERKUIL: AN OUTSTANDING SCHOLAR IN HIS SPARE TIME.
Pierce Jr., Richard J. // Cardozo Law Review; Jul2011, Vol. 32 Issue 6, p2445
A review of several articles related to law by lawyer Paul R. Verkuil including "Judicial Review of Informal Rulemaking" published in "Virginia Law Review" in 1974, "A Study of Informal Adjudication Procedures" published in "Chicago Law Review" in 1976, and "Jawboning Administrative Agencies: Ex...
- THE SUBJECTS OF THE CONSTITUTION.
Rosenkranz, Nicholas Quinn // Stanford Law Review; May2010, Vol. 62 Issue 5, p1209
The article focuses on the importance of the subjects of the U.S. Constitution in judicial review. It is said that judicial reviews should begin with the subjects yet existing practices in judicial review tend to neglect the question of who made the violation and instead concentrate on how the...
- Substituting Substantive for Procedural Review of Guidance Documents.
Seidenfeld, Mark // Texas Law Review; Dec2011, Vol. 90 Issue 2, p331
This Article proposes that courts substitute immediate substantive review for procedural review of agency guidance documents. The Article begins by reviewing the extensive literature about how courts should treat nonlegislative rules. Because such rules play an important role in assuring...
- Do Borrower Rights Improve Borrower Outcomes? Evidence from the Foreclosure Process.
Gerardi, Kristopher; Lambie-Hanson, Lauren; Willen, Paul S. // Research Review; Jul-Dec2011, Issue 16, p17
The article examines the effectiveness of enhanced borrower protections afforded by judicial review and right-to-cure policy which stops the foreclosure process for a certain amount of time after a borrower defaults on a mortgage in the U.S. The authors determine four potential outcomes in...
- The Majoritarian Difficulty and Theories of Constitutional Decision Making.
Dorf, Michael C. // University of Pennsylvania Journal of Constitutional Law; Dec2010, Vol. 13 Issue 2, p283
The article focuses on the impact of majority public opinion on judicial judgments. Recent research in the field of political science and law reveals that judicial review in the U.S. is affected by "counter-majoritarian difficulty." Public opinion also matters in constitutional amendment,...
- THE VETERANS' JUDICIAL REVIEW ACT TWENTY YEARS LATER: CONFRONTING THE NEW COMPLEXITIES OF THE VETERANS BENEFITS SYSTEM.
Ridgway, James D. // New York University Annual Survey of American Law; 2010, Vol. 66 Issue 2, p251
The article discusses the impact of the Veterans' Judicial Review Act (VJRA) on the benefits system of veterans in the U.S. It reviews the former nature of the benefits system offered by the Department of Veterans Affairs (VA) before the passage of VJRA in 1988. Moreover, it evaluates the...
- Required Supplementary Information Required Supplementary Information.
Ridgway, James D. // GAO Reports; 11/9/2012, p87
The article presents the Required Supplementary Information of the U.S. Internal Revenue Service for the years 2012 and 2011. A table on the schedule of budgetary resources by major budget accounts is presented including budgetary resources, status of budgetary resources, and change in obligated...
- Judges for Sale.
Ridgway, James D. // Wilson Quarterly; Summer2010, Vol. 34 Issue 3, p70
The article addresses the article "Economic Crisis and the Rise of Judicial Elections and Judicial Review," by Jed Handelsman Shugerman, which appeared in the March 2010 issue of the "Harvard Law Review." The author discusses judicial elections and judicial review in the U.S. The author talks...
- Politics and Constitutional Law.
Canavan, Francis P. // America; 3/25/1961, Vol. 104 Issue 25, p804
The author reflects on the existence of vague provisions in constitution and constitutional law of the U.S. He states the process of judicial review and discusses issues on public and economic policy. He argues on the controversy involving freedom of contract and on separation of Church and...
- Final Federal Agency Actions on Proposed Highway in North Carolina.
Hoops, George // Federal Register; 3/13/2012, Vol. 77 Issue 49, p14857
The article presents information on a notice issued by the U.S. Federal Highway Administration to inform about the regulation related to filing of claims for the judicial review related to the highway project called the State Transportation Improvement Program (STIP) in Gaston County, North...
- North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews.
Bohon, Ellen M. // Federal Register; 5/21/2012, Vol. 77 Issue 98, p29965
The article presents information on a notice issued by the U.S. International Trade Administration for establishing a mechanism for replacing domestic judicial review of final determinations related to antidumping duties imposed on the alloy steel wire rod which has been imported from Canada.
- RULING TO SERVE.
George, Robert P. // First Things: A Monthly Journal of Religion & Public Life; Apr2013, Issue 232, p39
The author presents his thoughts in favor of a limited government in which its members act as servants to the common good of the public. He argues that governments should respect individuals' pursuit of objectives for their personal good while the government should only act in areas where...
- Notice of Final Federal Agency Actions on Proposed Highway in California.
Mammano, Vincent P. // Federal Register; 10/10/2012, Vol. 77 Issue 196, p61654
The article offers information about a notice of availability issued by the U.S. Federal Highway Administration seeking claims for judicial review against grant of permit to a proposed project related to State Route 11 and Otay Mesa East Land Port of Entry in the City and County of San Diego,...
- How to End Judicial Supremacy.
Yoo, John // National Review; 1/23/2012, Vol. 64 Issue 1, p35
The article looks at the U.S. Supreme Court and offers the author's views that it has become too powerful a ruling body. U.S. presidential candidate Newt Gingrich's proposal that Congress should subpoena U.S. federal judges to account for their decisions is mentioned. Also discussed are several...
- Law and Judicial Duty.
MCDOWELL, GARY L. // American Historical Review; Dec2009, Vol. 114 Issue 5, p1436
The article reviews the book "Law and Judicial Duty" by Philip Hamburger.
- Obama Care at the Supreme Court.
Troy, Tevi // Commentary; Feb2012, Vol. 133 Issue 2, p20
The article overviews several legal and policy issues the U.S. Supreme Court must address in its review of the Affordable Care Act, a universal health care law passed by President Barack Obama, including its severability, constitutionality, status as taxation, and financial burden on state...
- THE EXECUTIVE BRANCH, ADMNISTRATIVE ACTION, AND COMPARATIVE EXPERTISE.
Breyer, Stephen // Cardozo Law Review; Jul2011, Vol. 32 Issue 6, p2189
The article presents a reprint of chapter 9 of the book "Making Our Democracy Work: A Judge's View," by Stephen Breyer. It focuses on the relationship of the Courts with other public institutions to aid the administration of the U.S. government. It discusses the effectivity of the role of...
- DISTRIBUTING JUSTICE.
Zimmerman, Adam S. // New York University Law Review; May2011, Vol. 86 Issue 2, p500
This Article explores the procedural concerns that arise when regulatory agencies mimic class actions by collecting big monetary judgments on behalf of victims. Over the past decade, agencies have collected over $10 billion to compensate people hurt by massive frauds, false advertising, and...
- Supreme distinction, outcome.
Silva, Jeffrey // RCR Wireless News; 4/28/2008, Vol. 27 Issue 12, p10
The article reports on the decision of the U.S. Supreme Court to decline to review a Tenth Circuit ruling that said the trustee of bankrupt Magnacom Wireless L.L.C. is not entitled to proceeds from the re-auction of the company's cancelled wireless licenses. Magnacom paid nearly $48 million for...
- CONSTITUTIONAL HYPOCRISY.
Spann, Girardeau A. // Constitutional Commentary; Winter2011, Vol. 27 Issue 3, p557
The article presents the author's views on judicial review of the U.S. Constitution and its relation to the political culture. Further it discusses the abstract principle of equality, the hypocrisy function and practicing discrimination. It then discusses realism, constitutionalism and...
- ABOLISHING JUDICIAL REVIEW.
Tushnet, Mark // Constitutional Commentary; Winter2011, Vol. 27 Issue 3, p581
An Essay is presented on the judicial review of the proposed amendments of the U.S. Constitution and acts of the U.S. Congress. It further discusses the role of judges as experts in law which include addressing all constitutional complaints, interpretation of government policies. It also states...
- Petition Clause Interests and Standing for Judicial Review of Administrative Lawmaking.
Coplan, Karl S. // Administrative & Regulatory Law News; Spring2009, Vol. 34 Issue 3, p3
The author focuses on the petition clause interests and standing for a judicial review of administrative lawmaking in the U.S. It is said that entities challenged by controversial regulations or what are called regulatory objects have presumed standing to dispute the scope of agency regulations...
- Judgment Day.
Bertman, Louisa // New Republic; 5/10/2012, Vol. 243 Issue 7, p1
The article discusses the U.S. Supreme Court's consideration of the 2010 Patient Protection and Affordable Care Act. In the author's view the controversial individual mandate of the act is constitutional, and has been deemed so by conservative judges who sit on lower courts. The author believes...
- Constitutional Rights, Moral Controversy, and the Supreme Court.
Albert, Richard // Journal of Church & State; Autumn2009, Vol. 51 Issue 4, p710
The article reviews the book "Constitutional Rights, Moral Controversy, and the Supreme Court," by Michael J. Perry.
- The Rise of Juristocracy.
Grant, James // Wilson Quarterly; Spring2010, Vol. 34 Issue 2, p16
The article presents a discussion of the history of judicial review within the U.S. legal system, highlighting its development over the nation's history. Comments are given outlining the political debate over the Supreme Court's initial role at the founding of the nation, citing its divergence...
- Notice of Final Federal Agency Actions on Project: I-5: Glendale-Hugo Paving/ Sexton Climbing Lane: Douglas and Josephine Counties, OR.
Eraut, Michelle // Federal Register; 8/20/2012, Vol. 77 Issue 161, p50207
The article offers information about a notice of final action issued by the U.S. Federal Highway Administration (FHWA) regarding limitations on claims for FHWA judicial review. It mentions that the same is issued with respect to Glendale-Hugo Paving/Sexton Climbing Lane Project in Douglas and...
- Notice of Final Federal Agency Actions on Proposed Highway in Utah.
Christian, James C. // Federal Register; 8/28/2012, Vol. 77 Issue 167, p52108
The article offers information about a notice issued by the U.S. Federal Highway Administration (FHWA) regarding limitation on claims related to judicial review of actions conducted by FHWA and other federal agencies. It further states that any requests seeking judicial review on the highway...
- Judicial Review as a Constraint on Tyranny of the Majority.
Fleck, Robert K.; Hanssen, F. Andrew // Journal of Law, Economics & Organization; Apr2013, Vol. 29 Issue 2, p303
We develop a theoretical model to analyze the role of judicial review in preventing tyrannies of the majority. The model identifies conditions under which the court’s optimal role may be to allow tyranny of the majority—and the tyrannized minority will be better off as a result. This...
- Conservatives v. Libertarians.
Root, Damon W. // Reason; Jul2010, Vol. 42 Issue 3, p25
The article features a debate between Conservative Party and Libertarian Party over judicial activism in the U.S. It states that libertarian and conservative groups fight one another over legal strategy and constitutional interpretation. Meanwhile, it cites the director of the Center for...
- SERVICE EMPLOYEES INTERNATIONAL V. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS: INCREASING THE UNCERTAINTY REGARDING THE PROPER COURTS FOR JUDICIAL REVIEW OF CLAIMS UNDER THE DEFENSE BASE ACT.
Ruhlman, Heather // Creighton Law Review; Apr2011, Vol. 44 Issue 3, p769
The article discusses concerns regarding the proper courts for judicial review of claims under the Defense Base Act (DBA) in the U.S. It explores the case Service Employees International Inc. v. Director, Office of Worker's Compensation Programs. It examines the Service Employees decision and...
- IMPERFECT MINIMALISM: UNANSWERED QUESTIONS IN Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S. Ct. 1396 (2008).
Ellis, Robert // Harvard Journal of Law & Public Policy; Summer2009, Vol. 32 Issue 3, p1187
The article discusses imperfect minimalism in relation to the Supreme Court case Hall Street Associates LLC v. Mattel Inc. According to the author, the court gave a minimalist opinion when it held that exclusive grounds for expedited judicial review of arbitration awards are covered by sections...
- Judicial Remands of Challenged Awards: Legal and Procedural Issues After Hall Street.
WIDMAN, STUART M.; LEE ROME, DONALD // Dispute Resolution Journal; Nov2008-Jan2009, Vol. 63 Issue 4, p50
This article examines the legal foundation for judicial remand as outlined by the U.S. Supreme Court decision in the case of Hall Street Associates, LLC v. Mattel, Inc. It is suggested that judicial remand for clarification of the award in arbitration cases may cause complications for...
- Multiple Challenges Lengthen OSHA's Standard Setting.
Moran, Revae // GAO Reports; 4/19/2012, p1
The article offers information on a report of the U.S. Government Accountability Office presented at the U.S. Senate's Committee on Health, Education, Labor and Pensions. The report is related to the multiple challenges that lengthen the standard settings of the U.S. Occupational Safety and...
- Advisory Adjudication.
Spann, Girardeau A. // Tulane Law Review; 2012, Vol. 86 Issue 6, p1289
The Supreme Court decision in Camreta v. Greene is revealing. The Court first issues an opinion authorizing appeals by prevailing parties in qualified immunity cases, even though doing so entails the issuance of an advisory opinion that is not necessary to resolution of the dispute between the...
- Lessons from a Lost Constitution: The Council of Revision, the Bill of Rights, and the Role of the Judiciary in Democratic Governance.
Jones, Robert L. // Journal of Law & Politics; Spring2012, Vol. 27 Issue 3, p459
This Article explores the relationship between the Council of Revision and the Bill of Rights. The Council of Revision, proposed at the Constitutional Convention by James Madison and the other Virginia delegates as part of the "Virginia Plan," would have been comprised of the President and...
- SURVIVING THE COMMERCE CLAUSE: HOW MARYLAND CAN SQUARE ITS RENEWABLE ENERGY LAWS WITH THE FEDERAL CONSTITUTION.
Havemann, Anne // Maryland Law Review; 2012, Vol. 71 Issue 3, p848
The article discusses the Commerce Clause of the U.S. Constitution and suggests several ways to ensure that Maryland's Renewable Portfolio Standards (RPS), which are a set of mandatory renewable energy laws, do not run afoul of the federal laws as of April 2012. The author argues that states...
- INSURMOUNTABLE OBSTACLES: STRUCTURAL ERRORS, PROCEDURAL DEFAULT, AND INEFFECTIVE ASSISTANCE.
Burns, Amy Knight // Stanford Law Review; Mar2012, Vol. 64 Issue 3, p727
Federal habeas corpus procedure involves an elaborate set of rules for when state criminal judgments may be reviewed by federal courts. One of these rules--the procedural default rule--forbids federal courts to review state judgments if the state court rejected the proposed claim on procedural...
- Resolution Deal Near, But How Effective?
Kaper, Stacy // American Banker; 3/22/2010, Vol. 175 Issue 43, p1
The article focuses on the concerns that have been raised by observers of U.S. Senate Banking Committee Chairman Chris Dodd's regulatory reform bill. Concerns include whether the U.S. Federal Deposit Insurance Corp. (FDIC) could manage such a failure, the effectiveness of a proposed judicial...
- No Small Wonder.
Kaper, Stacy // Wilson Quarterly; Summer2011, Vol. 35 Issue 3, p60
The article discusses the value of judicial review and the American attitude towards the dicta of the U.S. Supreme Court, as is reported in "Making Our Democracy Work: The Yale Lectures," by Stephen Breyer in the June 2011 issue of "The Yale Law Journal." Breyer raises the 2000 U.S. Supreme...
- Speech Cases Turned Aside By High Court.
Walsh, Mark // Education Week; 1/25/2012, Vol. 31 Issue 18, p1
The article reports on a decision by the U.S. Supreme Court in which the justices declined to review two cases regarding the free speech rights of students on the Internet. Two court cases from Pennsylvania in which students used the social networking web site MySpace to ridicule their...
- HEAVY BURDEN.
Toobin, Jeffrey // New Yorker; 4/9/2012, Vol. 88 Issue 8, p21
The article focuses on the U.S. Supreme Court's review of the Patient Protection and Affordable Care Act (ACA) and argues that the court has overstepped its role as an interpreter of law and is unfairly overruling the U.S. Congress to further its political agenda. A brief overview of the court's...
- The Supreme Court and Percolation in the Lower Courts: An Optimal Stopping Model.
Clark, Tom S.; Kastellec, Jonathan P. // Journal of Politics; Jan2013, Vol. 75 Issue 1, p150
We examine how the Supreme Court learns from lower court decisions to evaluate new legal issues. We present a theory of optimal stopping in which the Court learns from successive rulings on new issues by lower courts but incurs a cost when lower courts come into conflict with one another. The...