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Steven Donziger V. United States of America, Brief of Professor Jennifer L. Mascott as Amicus Curiae in Support of Petitioner
The Court should grant the Petition to address and resolve several important separation of powers questions raised by the lower courts' approval of a blending of core executive and judicial powers in a single office of special prosecutor. Further, the Court should grant review to address Federal Rule of Criminal Procedure 42's method of appointment, which likewise blends both judicial and executive powers.
Administrative Law
Administrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Ninth Edition preserves the book’s distinctive features of functional organization and extensive use of case studies, with no sacrifice in doctrinal comprehensiveness or currency. By organizing over half of the book under the generic administrative functions of policymaking, adjudication, enforcement, and licensing, the book illuminates the common features of diverse administrative practices and the interconnection of otherwise disparate doctrines. Scattered throughout...
Administrative Law
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Administrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Ninth Edition preserves the book’s distinctive features of functional organization...
Cato Supreme Court Review
In this annual review from the Cato Institute, leading legal scholars analyze the 2021-2022 Supreme Court term, specifically the most important and far-reaching cases of the year, plus cases coming up. Now in its 21st edition, the Cato Supreme Court Review is the first scholarly journal to appear after the term's end and the only one grounded in the nation's first principles, liberty, and limited government. Topics in the 2021-2022 edition include: vaccine mandates (National Federation of Independent Business v. OSHA and Biden v. Missouri), guns (New York State Rifle Association v. Bruen), drugs (Ruan v. United States), free speech (Austin v. Reagan National Advertising), abortion (Dobbs v. Jackson Women’s Health Organization), school choice (Carson v. Makin), state secrets (United States v. Zubaydah and FBI v. Fazaga), and much more.
Public Administration and Expertise in Democratic Governments
This collection deals with challenges confronting public law and public administration in twenty-first century democracies across the world. It draws together contributions from leading scholars, examining cutting-edge topics, and projecting the scholarship forward. It emphasizes the importance both of justifying executive policymaking to citizens and of drawing on bureaucratic expertise and professional competence. Contributors examine the role of courts and argue for new forms of public participation that can incorporate democratic values into executive-branch policymaking. Finally, the work confronts problems in the administration of the criminal law that are generating increased public concern. Building on Rose-Ackerman’s scholarship, writers compare the American experience with contemporary developments in other leading democracies – in particular, Germany, France, the EU, Canada, and Latin America. The work will be an invaluable resource for academics, researchers and policymakers working in the areas of Administrative Law, Public Law, and Political Science.
Against Constitutional Originalism
A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority “What are the chances that, in 2024, a new book could fundamentally reorient how we understand America’s founding? Jonathan Gienapp . . . has written such a book. . . . You read it, and you get vertigo. . . . Gienapp’s book comes as a thunderclap.”—Cass Sunstein, Washington Post Constitutional originalism stakes law to history. The theory’s core tenet—that the U.S. Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the d...
Das Personal der Republik
Wie das Personalwesen der Exekutive unter Geltung des Prinzips der Volkssouveranitat ausgestaltet sein sollte, ist eine Frage, die sich in allen Demokratien stellt. Den vielschichtigen Zusammenhang zwischen dem normativen Anspruch eines spezifisch demokratischen Verfassungsrechts und der Personalauswahl in der Exekutive analysiert Matthias Rossbach am Beispiel der Vereinigten Staaten von Amerika. Dieser Zusammenhang - das Personalverfassungsrecht - erweist sich als Ort fur grundlegende Debatten um das Verstandnis von Verfassungsprinzipien und als Medium der Verfassungsentwicklung. Das gilt insbesondere in der Grundungsphase der USA, aber auch fur aktuelle Diskurse um den amerikanischen Verwa...
