Category Archives: Law Review Review

Wallach on Chevron Deference and “Muddling Through”

Philip A. Wallach (Brookings Institute) has successfully defended a dissertation entitled Contested Constraints: Regulatory Statutes in America’s Modern Administrative State (Princeton, Sept. 2012).

From the abstract: Continue reading

Krumholz on Access to Oral Argument Recordings

Peter J. Krumholz (Hale Westfall, LLP) has published The Case for Greater Public Access to Oral Argument Recordings in the Tenth Circuit, 89 Denver U. L. Rev. 395 (2012).

The author lists the D.C. Circuit among the minority of “laggard” circuits that have failed to follow the Supreme Court’s example of publishing audio recordings of oral arguments online. Continue reading

Hayden & Bodie on Business Roundtable v. SEC

Grant M. Hayden (Hofstra University, Maurice A. Deane School of Law) and Matthew T. Bodie (Saint Louis University School of Law) have posted The Bizarre Law & Economics of ‘Business Roundtable v. SEC, 38 J. Corp. L. (forthcoming 2012), on SSRN. Continue reading

Harvard Law Review on the Presumption of Regularity for Government Intelligence Reports

The Harvard Law Review has published a case comment entitled D.C. Circuit Holds that Government Intelligence Reports Are Entitled to a Presumption of Regularity–Latif v. Obama, 666 F.3d 746 (D.C. Cir. 2011)Continue reading

Kerr on the Mosaic Theory of the Fourth Amendment

Orin S. Kerr (George Washington University Law School) has posted The Mosaic Theory of the Fourth Amendment, 110 Mich. L. Rev. (forthcoming 2012), on SSRN. Continue reading

Judge Kavanaugh on War-on-Terror Jurisprudence

The American University Law Review has published War, Terror, and the Federal Courts, Ten Years after 9/11, the lightly edited transcript of a panel featuring Judge Brett M. Kavanaugh that was held at the 2012 Annual Meeting of the Association of American Law Schools. Continue reading

Ginsburg and Wright on Dynamic versus Static Competition Models in Antitrust Analysis

Judge Douglas H. Ginsburg (D.C. Circuit, New York University Law School) and Joshua D. Wright (George Mason University School of Law) have posted Dynamic Analysis and the Limits of Antitrust Institutions, 78 Antitrust L.J. 1 (2012), on SSRN.  Here is the abstract:  Continue reading

Lund on the Post-Heller Shootout Over Standards of Review

Nelson Lund (George Mason University School of Law) has published No Conservative Consensus Yet: Douglas Ginsburg, Brett Kavanaugh, and Diane Sykes on the Second Amendment, in the Federalist Society’s Engage [pdf].  The paper is an abbreviated version of Second Amendment Standards of Review in a Heller World, Lund’s forthcoming article in the Fordham Law Review. Continue reading

Laurence Silberman Goes to Washington

The most recent issue of The Green Bag contains an account by Judge Silberman of Nixon-era political intrigue in which he played a prominent role. Continue reading

Should an Independent Agency Hold the Power of the Purse?

The Harvard Law Review has published a note entitled Independence, Congressional Weakness, and the Importance of Appointment: The Impact of Combining Budgetary Autonomy with Removal Protection. Continue reading