The Federalism Aspect of the Establishment Clause
In the early 21st century, the generally accepted understanding of the Establishment Clause is largely...
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Federalism & Separation of Powers Practice Group
Commentary
The Nevada Gambit: Is Republican Government Still Guaranteed?
In 1994 and again in 1996, Nevada voters overwhelmingly approved an amendment to their state...
Controlling the “Fourth Branch”: The Fight Against Agency Capture May be a Losing Battle
Separation-of-powers issues will always confront politicians, judges and policymakers because the principle of the separation...
Is There a Duty to Make Judicial Recess Appointments?
The constitutional separation of powers is lubricated by the comity each branch owes to the...
Salerno v. Chevron: What to Do About Statutory Challenges
The Chevron standard for judging agency statutory interpretations is ubiquitous in administrative law cases. The...
