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Volume 70, Issue 3


Article

The Constitutional Compromise to Guarantee Education

by  Derek W. Black

Although the U.S. Supreme Court refused to recognize education as a fundamental right in San Antonio Independent School District v. Rodriguez, the Court in several other cases has emphasized the possibility that the Constitution might afford some protection for education. New litigation is attempting to fill that void. This litigation comes at a perfect time.…

Article

Compensating City Councils

by  Kellen Zale

How much of “other people’s money” should city councils be paid? This Article analyzes the issue of city council compensation by exploring the institutional design of compensation procedures and unpacking the normative concerns surrounding the pay of our cities’ elected leaders. Should city councils decide their own pay? Should voters? Should state legislatures? This Article…

Note

Chevron Meets the Categorical Approach

by  Shannon M. Grammel

The Immigration and Nationality Act (INA) predicates various civil and criminal consequences on a noncitizen’s prior conviction for an “aggravated felony.” In determining whether a noncitizen’s prior conviction counts as one for an aggravated felony, courts and the relevant immigration agencies employ what is known as the categorical approach. That approach collides with Chevron deference…

Note

Does Justice ‘Need to Know’?

Judging Classified State Secrets in the Face of Executive Obstruction
by  Faaris Akremi

Reams have been written on the state secrets privilege and its consequences for litigants’ rights. So too have scholars explored individuals’ rights to challenge security clearance decisions as they relate to employment. But there has never been a thorough exploration of how to resolve conflicts between the state secrets privilege and the security clearance system…

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Recent Online Essays

Kill Quill, Keep the Dormant Commerce Clause

History's Lessons on Congressional Control of State Taxation

Introduction The world of internet commerce was shaken to its foundations in January this year, when the Supreme Court granted certiorari in South Dakota v. Wayfair, Inc., in effect agreeing to reconsider its landmark holding in Quill Corp. v. North Dakota. For more than twenty-five years, Quill has barred states from imposing tax-collection obligations on retailers that…

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Itemized Deductions in a High Standard Deduction World

New tax legislation enacted in December 2017 exacerbates the extent to which various itemized deductions, such as the charitable contribution deduction and the home mortgage interest deduction, disproportionately benefit high income individuals. This essay develops this critique and concludes by suggesting paths for reform that should be considered by a future Congress.

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Is the Federal Judiciary Independent of Congress?

Can Congress command a federal court to rule in favor of a particular party in a pending case? The answer to this seemingly simple question is unsettled. The Constitution permits Congress to enact rules of law that courts must follow; and it permits the courts to decide cases pending before them. Constitutional conflict arises when…

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The Costs of Aggregating Administrative Claims

Introduction Aggregation has emerged in the past few years as a critical tool by which agencies can quickly resolve groups of claims that would otherwise languish for years in bureaucratic limbo. The idea is simple: Consolidating many similar claims in a single proceeding would help agencies process claims more quickly, efficiently, and fairly. But aggregation…

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The Faulty Frequency Hypothesis

Difficulties in Operationalizing Ordinary Meaning Through Corpus Linguistics

Introduction Promising to inject empirical rigor into the enterprise of statutory interpretation, corpus linguistics has, over the past couple years, taken the legal academy by storm. A product of linguistics departments, corpus linguistics is an empirical approach to the study of language through the use of large, electronic, and searchable databases of text called corpora.…

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Featured Topic in the Law

Deference to Agency Interpretations

With upcoming Supreme Court cases, recent bills, and the new Supreme Court nomination, judicial deference to agency interpretations has come under scrutiny. Here are a few pieces from the Stanford Law Review archives on the issue.

Constitutional Administration

Refugee Roulette

Refugee Roulette in an Administrative Law Context

Inside Agency Statutory Interpretation