The bepress Legal Series contains manuscripts by top scholars, many of which will eventually appear in top law reviews. Browse the most recent submissions here!
Documents from 2019
Congress as Culprit: How Lawmakers Spurred on the Court's Anti-Congress Crusade, Neal Devins
Congress, Civil Liberties, and the War on Terrorism, Neal Devins
Congressional-Executive Information Access Disputes: A Modest Proposal - Do Nothing, Neal Devins
Congressional Factfinding and the Scope of Judicial Review: A Preliminary Analysis, Neal Devins
Congressional Responses to Judicial Decisions, Neal Devins
Congress, the FCC, and the Search for the Public Trustee, Neal Devins
Constitutional Avoidance and the Roberts Court, Neal Devins
Continuing Resolutions, Neal Devins
Correspondence: The Stuff of Constitutional Law, Neal Devins
Defining Effective Civil Rights Enforcement in Education, Neal Devins
Did the High Court Go Too Far to Make a Politically Popular Ruling?, Neal Devins
Diminished Luster in Escambia County?, Neal Devins
Don't Write off the Reagan Social Agenda, Neal Devins
Explaining Grutter v. Bollinger, Neal Devins
Federal Courts are Becoming Reluctant to Take the Lead in Civil Rights Reform, Neal Devins
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Fighting for the Fourth "R", Neal Devins
Foreword: Elected Branch Influences in Constitutional Decisionmaking, Neal Devins
Foreword: Government Lawyering, Neal Devins
Fundamentalist Christian Educators v. State: An Inevitable Compromise, Neal Devins
Fundamentalist Schools and the Law, Neal Devins
Fundamentalist Schools vs. the Regulators, Neal Devins
Gender Justice and its Critics, Neal Devins
Government Lawyers and the New Deal, Neal Devins
Group Versus Individuals, Neal Devins
How Constitutional Law Casebooks Perpetuate the Myth of Judicial Supremacy, Neal Devins
How Not to Challenge the Court, Neal Devins
How Planned Parenthood v. Casey (Pretty Much) Settled the Abortion Wars, Neal Devins
How Secular is Georgetown University?, Neal Devins
I Love You, Big Brother, Neal Devins
Inconsistent Standards of Review in Last Term's Establishment Clause Cases, Neal Devins
In re Parochiaid: Church-State Wall of Separation Scrutinized-Again, Neal Devins
In Search of the Lost Chord: Reflections on the 1996 Item Veto Act, Neal Devins
Integration and Local Politics, Neal Devins
Interest Balancing and Other Limits to Judicially Managed Equal Educational Opportunity, Neal Devins
Is Discrimination Against Jews "Race Discrimination?", Neal Devins
Is the Supreme Court on the Reagan Team?, Neal Devins
Judicial Matters, Neal Devins
Lessons of Founding Fatherhood, Neal Devins
Line Drawing, Neal Devins
Measuring Party Polarization in Congress: Lessons from Congressional Participation in Amicus Curiae, Neal Devins
Metro Broadcasting, Inc. v. FCC: Requiem for a Heavyweight, Neal Devins
Misunderstood, Neal Devins
N.H. Bar's Residency Requirement Faces a Constitutional Challenge, Neal Devins
On Casebooks and Canons or Why Bob Jones University Will Never Be Part of the Constitutional Law Canon, Neal Devins
On the Limits of Court-ordered Social Change: A Critical Look at Dimond's Beyond Busing, Neal Devins
Party Polarization and Congressional Committee Consideration of Constitutional Questions, Neal Devins
Party Polarization and Judicial Review: Lessons from the Affordable Care Act, Neal Devins
Philadelphia Plan, Neal Devins
Political Will and the Unitary Executive: What Makes an Independent Agency Independent?, Neal Devins
Politics and Principle: An Alternative Take on Seth P. Waxman's Defending Congress, Neal Devins
Politique partisane et indépendence judiciare, Neal Devins
Reading the Establishment Clause, Neal Devins
Reagan, Discrimination and Private Schools, Neal Devins
Reagan Redux: Civil Rights Under Bush, Neal Devins
Reanimator: Mark Tushnet and the Second Coming of the Imperial Presidency, Neal Devins
Reflections on Coercing Privacy, Neal Devins
Regulation of Government Agencies Through Limitation Riders, Neal Devins
Religious Symbols and the Establishment Clause, Neal Devins
Residency Requirements for Attorneys: Home Is Where the License Is?, Neal Devins
Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins
Same-Sex Marriage and the New Judicial Federalism: Why State Courts Should Not Consider Out-of-State Backlash, Neal Devins
School Desegregation Law in the 1980's: The Courts' Abandonment of Brown v. Board of Education, Neal Devins
Seniority Rights vs. Racial Quotas, Neal Devins
Should the Supreme Court Fear Congress?, Neal Devins
Signing Statements and Divided Government, Neal Devins
Sign Them Up, Neal Devins
Smoke, Not Fire, Neal Devins
Social Meaning and School Vouchers, Neal Devins
State Regulation of Christian Schools, Neal Devins
State Regulation of Religious Education, Neal Devins
Talk Loudly and Carry a Small Stick: The Supreme Court and Enemy Combatants, Neal Devins
Tax Exemptions for Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins
Tempest in an Envelope: Reflections on the Bush White House's Failed Takeover of the U.S. Postal Service, Neal Devins
The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins
The Academic Expert Before Congress: Observations and Lessons from Bill Van Alstyne's Testimony, Neal Devins
The Bob Jones Case - Over to Congress, Neal Devins
The Civil Rights Commission Backslides, Neal Devins
The Civil Rights Hydra, Neal Devins
The Constitution Between Friends, Neal Devins
The Countermajoritarian Paradox, Neal Devins
The Democracy-Forcing Constitution, Neal Devins
The Democratic Constitution: Reflections on Abortion, Affirmative Action, and the Independent Counsel, Neal Devins
The D'Oh! of Popular Constiutitonalism, Neal Devins
The Erosion of Congressional Checks on Presidential Power, Neal Devins
The Interactive Constitution: An Essay on Clothing Emperors and Searching for Constitutional Truth, Neal Devins
The Judicial Safeguards of Federalism, Neal Devins
The Last Word Debate: How Social and Political Forces Shape Constitutional Values, Neal Devins
The Majoritarian Rehnquist Court?, Neal Devins
The More Things Change, the More They Stay the Same, Neal Devins