About the bepress Legal Series

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 Courts, and Party Polarization: Why Congress Rarely Checks the President and Why the Courts Should Not Take Congress’s Place, Neal Devins

Congress, the FCC, and the Search for the Public Trustee, Neal Devins

Congress, the Supreme Court, and Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy by Placing Limits on Federal Court Jurisdiction, Neal Devins

Constitutional Avoidance and the Roberts Court, Neal Devins

Continuing Resolutions, Neal Devins

Correspondence: The Stuff of Constitutional Law, Neal Devins

Counsel Rests: Why did Mitch McConnell—not the Senate’s lawyer—participate in Monday’s recess appointments case at the Supreme Court?, 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 Congress Paved the Way for the Rehnquist Court's Federalism Revival: Lessons from the Federal Partial Birth Abortion Ban, 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

How State Supreme Courts Take Consequences Into Account: Toward a State-Centered Understanding of State Constitutionalism, Neal Devins

Ideological Cohesion and Precedent (Or Why the Court Only Cares About Precedent When Most Justices Agree With Each Other), 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

Presidential Unilateralism and Political Polarization: Why Today's Congress Lacks the Will and the Way to Stop Presidential Initiatives, 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

Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, and the Consequences of Returning the Constitution to Elected Government, 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 Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not the Rehnquist Court, 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 Law: Defending Congress’s Interests in Court: How Lawmakers and the President Bargain over Department of Justice Representation, Neal Devins

The Majoritarian Rehnquist Court?, Neal Devins

The More Things Change, the More They Stay the Same, Neal Devins