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Judicial Supremacy and the Settlement Function

executive to alter interpretations); id. at 1386 (characterizing judicial alterations as corrections). 49. See ROBERT F. NAGEL, CONSTITUTIONAL CULTURES: THE MENTALITY AND CONSEQUENCES. OF JUDICIAL REVIEW 6 ... and Fall of Religious Freedom in Constitutional Discourse , 140 U. PA. L. REV . 149 , 150 ( 1991 ). 55. See ROBERT F. NAGEL , JUDICIAL POWER AND AMERICAN CHARACTER: CENSORING OURSELVES IN AN ANaous AGE

A Comment on the Rule of Law Model of Separation of Powers

COMMENT ON THE RULE OF LAW MODEL OF SEPARATION OF POWERS ROBERT F. NAGEL* President Verkuil's paper is a careful and realistic effort to consider separation of powers from the lawyers' perspective. By

Playing Defense

Repository Citation Robert F. Nagel, Playing Defense Playing Defense Robert F. Nagel - Article 5 Noting that the Romer opinion condemns the motives behind Amendment 2 without pausingeven briefly ... . 13. For a fuller account, see ROBERT F. NAGEL, JUDICIAL POWER AND AMERICAN CHARACTER: CENSORING OURSELVES IN AN ANXIOUS AGE 125-26 (1994). 27 See Brief in Support of Plaintiffs' Motion for Preliminary

Nationalized Political Discourse

By Robert F. Nagel, Published on 01/01/01 ... national institutions.6 * A version of this paper will appear as a part of Robert F. Nagel, The Implosion of American Federalism (Oxford, forthcoming 2001). This material is copyrighted by, and used with the

Teaching Tolerance

By Robert F. Nagel, Published on 07/31/87

Privacy and Celebrity: An Essay on the Nationalization of Intimacy

; richmond; edu/lawreview - PRIVACY AND CELEBRITY: AN ESSAY ON THE NATIONALIZATION OF INTIMACY Robert F. Nagel * I start from the rather obvious proposition that in recent years the American public has

Commentary: Invisible Teachers: A Comment on Perceptions in the Classroom

with respect to legal educa­ tion, it is common to suppose that the role of the student is subordinate, that o n P e r c e p t i o n s the Classroom By Robert F. Nagel students feel powerless ... going well. Teaching is our occupation and it is the thing to which our self-esteem is attached. That students so often cannot continued on page 34 Robert F. Nagel is a Professor at the University of

Privacy and Celebrity: An Essay on the Nationalization of Intimacy

; richmond; edu/lawreview - PRIVACY AND CELEBRITY: AN ESSAY ON THE NATIONALIZATION OF INTIMACY Robert F. Nagel * I start from the rather obvious proposition that in recent years the American public has

Same-Sex Marriage, Federalism, and Judicial Supremacy

By Robert F. Nagel, Published on 01/01/14 ... Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons 1 Robert F. Nagel , Same-Sex

Partiality and Disclosure in Supreme Court Opinions

been accepted for inclusion in Northwestern Journal of Law & Social Policy by an authorized administrator of Northwestern University School of Law Scholarly Commons Recommended Citation Robert F. Nagel ... the political party responsible for the Justice’s elevation to the Court or a cause that has long 15 Laird, 409 U.S. at 831. 16 Frost, supra note 10, at 545–46. 17 See Robert F. Nagel, William Rehnquist

Diversity and the Practice of Interest Assessment

DIVERSITY AND THE PRACTICE OF INTEREST ASSESSMENT ROBERT F. NAGEL 0 1 0 Ira C. Rothgerber, Jr. Professor of Constitutional Law, University of Colorado Law School. An earlier version of this paper ... was presented as the annual Brainerd Currie Memorial Lecture at Duke University School of Law on , USA 1 Copyright © 2004 by Robert F. Nagel When enforcing the Constitution, courts frequently assess

Six Opinions by Mr. Justice Stevens: A New Methodology for Constitutional Cases

Commons Recommended Citation - Chicago-Kent Law Article 4 SIX OPINIONS BY MR. JUSTICE STEVENS: A NEW METHODOLOGY FOR CONSTITUTIONAL CASES? ROBERT F. NAGEL* INTRODUCTION While the doctrinal formulations ... section of article). This speculation was an extension of my earlier assessment of the nature and function of formal constitutional doctrine. ROBERT F. NAGEL, CONSTITUTIONAL CULTURES: THE MENTALITY AND

Indirect Constitutional Discourse: A Comment on Meese

LAW & CONTEMP. PROBS. INDIRECT CONSTITUTIONAL DISCOURSE: A COMMENT ON MEESE ROBERT F. NAGEL Professor Meese begins his article by indicating three types of executive branch responses to the Supreme ... ). 4. 521 U.S. 507 (1997). 5. See Meese, supra note 1, at 479. On Flores, see generally Robert F. Nagel, Judicial Supremacy and the Settlement Function, 39 WM. & MARY L. REV. 84 9 (1998 ). 6. See

Real Revolution

Real Revolution Robert F. Nagel 0 1 0 Thi s Article is brought to you for free and open access by the Publications at Reading Room. It has been accepted for inclusion in Georgia State University Law

The Future of Federalism

hTe F Robert F. Nagel 0 0 Thi s Symposium is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted ... for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons - THE FUTURE OF FEDERALISM Robert F. Nagel* Is

Disagreement and Interpretation

legislative activity, but in these instances state actions are relevant merely as an objective measure of some social fact. For 16. See Robert F. Nagel, PoliticalLaw, LegalisticPolitics: A Recent Historyof the ... developed in ROBERT F. NAGEL, CONSTITUTIONAL CULTURES: THE MENTALITY AND CONSEQUENCES OF JUDICIAL REVIEW (1989). 31. Griswold,381 U.S. at 493 ("Judges are not left at large to decide cases in light of their

Meeting the Enemy (reviewing The Tempting of America: The Political Seduction of the Law by Robert H. Bork)

By Robert F. Nagel, Published on 03/01/90 ... that this effort might be more successful if confirmation hearings were more unapologetically political. See Robert F. Nagel, Advice, Consent, and Influence, 84 Nw U L Rev (forthcoming, 1990). Bork, in

Political Law, Legalistic Politics: A Recent History of the Political Question Doctrine

-Foreword:The Forms of Justice, 93 Harv L Rev 1 (1979). 11 A proposal for some constraints on federal injunctions can be found in Robert F. Nagel, Separationof Powers and the Scope of FederalEquitableRemedies ... to widen and to 100 See Robert F. Nagel, Advice, Consent, and Influence (forthcoming, Nw U L Rev). 1989] swallow much of the judicial machinery that now sits so confidently above it. If the meaning of

Political Law, Legalistic Politics: A Recent History of the Political Question Doctrine

By Robert F. Nagel, Published on 03/01/89 ... -Foreword:The Forms of Justice, 93 Harv L Rev 1 (1979). 11 A proposal for some constraints on federal injunctions can be found in Robert F. Nagel, Separationof Powers and the Scope of FederalEquitableRemedies