Search for: "Gillian Metzger" Results 81 - 100 of 116
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18 Dec 2019, 9:05 pm by Joseph Postell
Just two years ago, Columbia Law School Professor Gillian Metzger noted the reemergence of this legitimacy crisis, dubbing the phenomenon the “1930s Redux” and tracing the resistance to bureaucracy back to the New Deal. [read post]
24 Jun 2013, 11:56 am by Guest Blogger
On the other side, Rick Hills and Gillian Metzger say that the text that is equally open to rival—and diametrically opposed—federalism interpretations. [read post]
12 Feb 2018, 4:00 am by Josh Blackman
” More recently, Professor Gillian Metzger explained in the Foreword to the Harvard Law Review that the “growing judicial resistance to administrative government is supported by increasing academic attacks on the constitutional legitimacy of administrative government. [read post]
12 Oct 2015, 4:00 am
On the contrary, as argued in an amicus brief on behalf of civil procedure/con-law/federal courts professors Yours Truly, Helen Herskoff (NYU), Gillian Metzger (Columbia), Neil Siegel (Duke), and David Strauss (U Chicago), far from containing a vehicle problem, Whole Woman’s Health presents a vehicle opportunity. [read post]
28 Jan 2019, 3:01 pm by Guest Blogger
Distinguished commentators for 2019 include:    *    Jessica Bulman-Pozen    *    Gillian Metzger    *    Bertrall Ross    *    John Harrison            *    Victoria Nourse    *    Stephen Sachs    *    Aziz Huq    ADDITIONAL… [read post]
11 Mar 2015, 7:10 am
Yet another amicus brief, on behalf of my former colleagues Professors Tom Merrill and Gillian Metzger, as well as Professors Abbe Gluck and Nicholas Bagley, made a variety of federalism arguments in the interest of constitutional avoidance. [read post]
17 Jun 2013, 6:24 am by Guest Blogger
Gillian MetzgerFor the symposium on Michael Greve's The Upside Down Constitution (Harvard University Press 2012).Michael Greve’s The Upside Down Constitution offers a refreshingly different take on constitutional federalism. [read post]
13 Dec 2010, 2:01 pm by Andrew Koppelman
As Gillian Metzger and Trevor Morrison have explained, this reasoning creates two remarkable new doctrines: federal courts have authority to police the public statements of politicians, and Congress must expressly invoke all possible constitutional bases for legislation. [read post]
18 Jul 2011, 12:30 pm by Lauren Gilbert - Guest
As Gillian Metzger points out in a recent piece in the Columbia Law Review, several of the Court’s latest preemption decisions indicate a readiness, notwithstanding the Supremacy Clause, to uphold state laws designed to address federal agency failure.   [read post]
23 Jan 2020, 11:41 am by Alan S. Kaplinsky
Bruff of University of Colorado Law School, Jessica Bulman-Pozen, Gillian Metzger and Peter L. [read post]
8 Feb 2018, 9:30 pm by Sarah Madigan
In an article for the Michigan Law Review, Gillian E. [read post]
21 Jul 2015, 3:09 pm by Mark Graber
The Handbook’s sharp separation between political science and law in Parts II (Neil Komesar, Neal Devins, Mariah Zeisberg, Justin Crowe, Russell Muirhead and Nancy Rosenblum, Mark Tushnet, Adrian Vermeule, Jenna Bednar, Bartholomew Sparrow, Bill White) and III (Stephen Griffin, Ellen Katz, Keith Whittington, Gillian Metzger, Michael Greve) reflect the dramatic legalization of the Constitution that has taken place over the past two hundred years. [read post]
1 Feb 2015, 10:35 am by Guest Blogger
  Rather textualism requires the Court to consider the meaning of particular provisions in light of the entire text of the law.A brieffiled by Thomas Merrill, Gillian Metzger, Abbe Gluck, and Nicholas Bagley discusses the different forms of federalism represented in government programs and demonstrates that a prohibition on premium tax credits for federal exchanges is inconsistent with the kind of cooperative federalism program represented by the ACA marketplaces. [read post]
5 Mar 2008, 6:38 am
Along similar lines, Gillian Metzger urges in "Administrative Law as the New Federalism" (See article) that federalism be protected through administrative law's normal requirements of good process - substantial evidence in the record, responses to public comments in section 553 rule-making, etc. [read post]
30 Mar 2012, 5:29 am by Joshua Matz
Bloomberg News offers audio highlights of the severability argument; the Sentencing Law & Policy Blog, CATO@Liberty, Concurring Opinions, Balkinization’s Gerard Magliocca and Gillian Metzger, the Text and History Blog, The Atlantic, and Newsday all weigh in on the argument.  [read post]
8 May 2012, 12:35 pm by Guest Blogger
Jack & I both signed an amicus brief (together with Gillian Metzger, Trevor Morrison, and Ed Kleinbard, and aided by the expert craftsmanship of Andy Pincus and his team) arguing that the Court can’t just stop at the most natural or most likely reading of the statute. [read post]
3 Mar 2015, 6:27 am
In an amicus brief co-signed by Nicholas Bagley, Thomas Merrill, and Gillian Metzger, she offers the following version of a Gregory federalism argument: Congress intended to subsidize all health insurance exchanges. [read post]
18 Sep 2018, 11:43 am by Amanda Frost
Gillian Metzger, a professor at Columbia Law School, explained that she does not expect to see Roe and Casey reversed immediately, but “incremental pullback” will mean that “in practice it will become even more difficult, and in some states practically impossible, for women to exercise the right recognized in Roe and Casey of making the ultimate choice of whether or not to bear a child. [read post]