Category Archives: Law Review Review

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

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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

Conditional Probability Lowered the Odds for Guantanamo Habeas Petitioners

A recent study by Professors Mark Denbeaux and Jonathan Hafetz of Seton Hall School of Law concludes that the D.C. Circuit’s 2010 decision in Al Adahi v. Obama marked a turning point in the district court’s adjudication of Guantanamo habeas petitions. Continue reading

So much for agency expertise.

Joshua D. Wright (George Mason University School of Law) and Angela M. Diveley have posted on RegBlog a synopsis of their recent unpublished paper, Do Expert Agencies Outperform Generalist Judges? Some Preliminary Evidence from the Federal Trade Commission. Continue reading

Judge Ginsburg on the Path of Administrative Law

The latest issue of the Georgetown Journal of Law & Public Policy contains a speech that Judge Ginsburg delivered in 2011 on the work of the D.C. Circuit.
Continue reading

No One Says “Dissental”

The latest volley in the debate over the propriety of dissents from the denial of rehearing en banc came yesterday from Chief Judge Alex Kozinski of the Ninth Circuit and a former clerk in an essay entitled I Say Dissental, You Say Concurral. Continue reading