Constraining Bureaucracy Beyond Judicial Review

Judicial Review Before Marbury

While scholars have long probed the original understanding of judicial review and the early judicial review case law, this Article presents a study of the judicial review case law in the United States before Marbury v. Madison that is dramatically more complete than prior work and that challenges previous scholarship on the original understanding of judicial review on the two most critical dime...

Bureaucracy the Bureaucracy Pattern

The Bureaucracy pattern is a recurring design theme used to implement hierarchical object or component structures which allow interaction with every level of the hierarchy and maintain their inner consistency themselves. It is a composite pattern that is based on the Composite, Mediator, Chain of Responsibility and Observer pattern. Composite patterns require new presentation and modeling techn...

Comparative Reasoning and Judicial Review

Beyond Dispassion: Emotions and Judicial Decision-Making in Modern Europe

The conventional image of a judge as a dispassionate person continues to prevail in both popular culture and academic scholarship, despite influential recent research that has clearly demonstrated the inevitable impact of emotions on judicial decision-making. This article provides a historical perspective on what Terry Maroney has called »the persistent cultural script of judicial dispassion« a...

Judicial Review and Non - Enforcement at The

Can the President refuse to enforce a law he deems unconstitutional? Take the Affordable Care Act. The Supreme Court upheld the provision in the Act mandating that individuals purchase health insurance, but leading Republicans continue to press the view that the law is unconstitutional. Suppose one such Republican captures the presidency in 2016. His first act in office is to recommend legislat...