Ann Woolhandler
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View article: Public Rights and Taxation: A Brief Response to Professor Parrillo
Public Rights and Taxation: A Brief Response to Professor Parrillo Open
A division exists between scholars who claim that Congress made only limited delegations to executive officials in the early Republic, and those who see more extensive delegations. 1 The dispute has at least two prongs.The nondelegation ca…
View article: Federal Courts and Takings Litigation
Federal Courts and Takings Litigation Open
This Article first gives an overview of the role of the federal courts in takings claims over time, with a view to providing a more complete picture than that supplied by focusing either on the Lochner/New Deal-era dichotomy or on the adve…
View article: Was Bivens Necessary
Was Bivens Necessary Open
Some federal common-law skeptics have provided criteria for keeping federal common law in check. Although not specifically addressing Bivensactions, Professor Nelson has argued that when engaged in federal common lawmaking, federal courts …
View article: Inmate Constitutional Claims and the Scienter Requirement
Inmate Constitutional Claims and the Scienter Requirement Open
Scholars have criticized requirements that inmates prove malice or deliberate indifference to establish constitutional claims against corrections officials. The Eighth Amendment currently requires convicted prisoners to show that a prison …
View article: Reining-In State Standing
Reining-In State Standing Open
In upholding standing in Massachusetts v. EPA, Justice Stevens said that states “are not normal litigants for the purposes of invoking federal jurisdiction.” While one might agree that the states are not normal litigants, that abnormality …
View article: Judicial Federalism under Marshall and Taney
Judicial Federalism under Marshall and Taney Open
The Supreme Court during the Chief Justiceship of John Marshall (1801–35) is associated with endorsement of broad regulatory powers in Congress and broad federal question jurisdiction in the federal courts under Article III. By contrast, t…
View article: Adverse Interests and Article III
Adverse Interests and Article III Open
In an important article in the Yale Law Journal, James Pfander and Daniel Birk claim that adverseness is not required by Article III for cases arising under federal law. This Article takes the position that Pfander and Birk have not made t…