Add to ORKGPeter Strauss has usefully framed key debates in separation of powers jurisprudence around the distinction between formalist and functionalist methodologies for construing the Constitution. The formalist-functionalist dichotomy is an appealing way to understand and to teach the cases, but it masks complexities I should like to explore
Judicial rulemaking—the methods by which federal courts create federal procedural rules—represents a...
The paper presents the Separation of Powers as a principle. It means that it is one of several possi...
The basic difficulty of defining a judicial role in enforcing structural relationships between the b...
Peter Strauss has usefully framed key debates in separation of powers jurisprudence around the disti...
Contemporary separation-of-powers theory and practice generally rely on two competing theories—forma...
Contemporary separation-of-powers theory and practice generally rely on two competing theories-forma...
The Supreme Court has had many occasions in recent years to consider what it calls the constitution...
Is it possible to give contemporary shape to the principles of constitutional structure we know as ...
Mark Tushnet brings the art of metaphor to his analysis of separation of powers doctrines. His view,...
The rationale of the separation of powers is often elided with the rationale of checks and balances ...
Formalism is the jurisprudence of rules. Functionalism is the jurisprudence of balancing tests. If f...
As our colleagues have often remarked, Professor John Manning\u27s and my views have moved much clos...
The paper is devoted to the governmental status of the U.S. Supreme Court in general and to its exeg...
The interpretation of the separation of federal judicial power derived from Chapter III of the Const...
In this response to Professor John Manning’s Separation of Powers as Ordinary Interpretation, Profes...
Judicial rulemaking—the methods by which federal courts create federal procedural rules—represents a...
The paper presents the Separation of Powers as a principle. It means that it is one of several possi...
The basic difficulty of defining a judicial role in enforcing structural relationships between the b...
Peter Strauss has usefully framed key debates in separation of powers jurisprudence around the disti...
Contemporary separation-of-powers theory and practice generally rely on two competing theories—forma...
Contemporary separation-of-powers theory and practice generally rely on two competing theories-forma...
The Supreme Court has had many occasions in recent years to consider what it calls the constitution...
Is it possible to give contemporary shape to the principles of constitutional structure we know as ...
Mark Tushnet brings the art of metaphor to his analysis of separation of powers doctrines. His view,...
The rationale of the separation of powers is often elided with the rationale of checks and balances ...
Formalism is the jurisprudence of rules. Functionalism is the jurisprudence of balancing tests. If f...
As our colleagues have often remarked, Professor John Manning\u27s and my views have moved much clos...
The paper is devoted to the governmental status of the U.S. Supreme Court in general and to its exeg...
The interpretation of the separation of federal judicial power derived from Chapter III of the Const...
In this response to Professor John Manning’s Separation of Powers as Ordinary Interpretation, Profes...
Judicial rulemaking—the methods by which federal courts create federal procedural rules—represents a...
The paper presents the Separation of Powers as a principle. It means that it is one of several possi...
The basic difficulty of defining a judicial role in enforcing structural relationships between the b...