May, 2014
Comment: The Future of Proxy Total Maximum Daily Loads After Virginia Department of Transportation v. EPA
May. 29, 2014—Robisch-Comment
Comment: Reviving Hanlester Network: A Safe Harbor for Harmless Remunerations Under the Anti-Kickback Statute
May. 22, 2014—Reviving Hanlester Network: A Safe Harbor for Harmless Remunerations Under the Anti-Kickback Statute
Tentative Interpretations: The Abracadabra of Administrative Rulemaking and the End of Alaska Hunters
May. 16, 2014—Tentative Interpretations- The Abracadabra of Administrative Rulemaking and the End of Alaska Hunters
Save Now, Win Later: Removing Statutory Barriers to Prize-Linked Savings Initiatives
May. 16, 2014—67 Vand. L. Rev. 907 – Watford
Prisoners and Habeas Privileges Under the Fourteenth Amendment
May. 16, 2014—Prisoners and Habeas Privileges Under the Fourteenth Amendment The U.S. Reports contain no answer to a million-dollar question: are state prisoners constitutionally entitled to a federal habeas forum? The Supreme Court has consistently ducked the basic constitutional issue, and academic work on the question idles on familiar themes. The strongest existing argument that state prisoners...
Enforcement Discretion and Executive Duty
May. 16, 2014—67 Vand. L. Rev. 671 – Price Recent Presidents have claimed wide-ranging authority to decline enforcement of federal laws. The Obama Administration, for example, has announced policies of abstaining from investigation and prosecution of certain federal marijuana crimes, postponing enforcement of key provisions of the Affordable Care Act, and suspending enforcement of removal statutes against...
The Case for a Market in Debt Governance
May. 16, 2014—67 Vand. L. Rev. 771 – Yadav Scholars have long lamented that the growth of modern finance has given way to a decline in debt governance. According to current theory, the expansive use of derivatives that enable lenders to trade away the default risk of their loans has made these lenders uninterested, even reckless, when...
The Obligation of Members of Congress to Consider Constitutionality While Deliberating and Voting: The Deficiencies of House Rule XII and a Proposed Rule for the Senate
May. 16, 2014—67 Vand. L. Rev. 837 – Feingold Most scholarly attention on constitutional interpretation is focused on the judicial branch and its role in our system of separation of powers. Nonetheless, constitutional interpretation should not take place solely in the courts. Rather, history suggests our Framers envisioned that members of Congress, as well as the President...