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Volume 67, Number 3 Category

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

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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...

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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...

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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...

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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...

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