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
The interpretation of the separation of federal judicial power derived from Chapter III of the Const...
Many commentators have criticized the Supreme Court\u27s New Federalism decisions as excessively fo...
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...
Formalism is the jurisprudence of rules. Functionalism is the jurisprudence of balancing tests. If f...
Is it possible to give contemporary shape to the principles of constitutional structure we know as ...
As our colleagues have often remarked, Professor John Manning\u27s and my views have moved much clos...
Judicial rulemaking—the methods by which federal courts create federal procedural rules—represents a...
The Supreme Court has had many occasions in recent years to consider what it calls the constitution...
This Article reflects on some of the Court's most important separation of powers cases, focusing pr...
In this response to Professor John Manning’s Separation of Powers as Ordinary Interpretation, Profes...
Ron Krotoszynski has written a very interesting interpretation and defense of Justice Breyer’s major...
The rationale of the separation of powers is often elided with the rationale of checks and balances ...
The interpretation of the separation of federal judicial power derived from Chapter III of the Const...
Many commentators have criticized the Supreme Court\u27s New Federalism decisions as excessively fo...
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...
Formalism is the jurisprudence of rules. Functionalism is the jurisprudence of balancing tests. If f...
Is it possible to give contemporary shape to the principles of constitutional structure we know as ...
As our colleagues have often remarked, Professor John Manning\u27s and my views have moved much clos...
Judicial rulemaking—the methods by which federal courts create federal procedural rules—represents a...
The Supreme Court has had many occasions in recent years to consider what it calls the constitution...
This Article reflects on some of the Court's most important separation of powers cases, focusing pr...
In this response to Professor John Manning’s Separation of Powers as Ordinary Interpretation, Profes...
Ron Krotoszynski has written a very interesting interpretation and defense of Justice Breyer’s major...
The rationale of the separation of powers is often elided with the rationale of checks and balances ...
The interpretation of the separation of federal judicial power derived from Chapter III of the Const...
Many commentators have criticized the Supreme Court\u27s New Federalism decisions as excessively fo...
The basic difficulty of defining a judicial role in enforcing structural relationships between the b...