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

 

Affirmative Action After Reagan, Neal Devins

 

A Loss of Control: Privilege Cases Diminish Presidential Power, Neal Devins

 

A New Look at an Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins

 

Appropriation Riders, Neal Devins

 

Appropriations Redux: A Critical Look at the Fiscal Year 1988 Continuing Resolution, Neal Devins

 

Are Residential Quotas Constitutional?, Neal Devins

 

Asking the Right Questions: How the Courts Honored the Separation of Powers by Reconsidering Miranda, Neal Devins

 

Associations' Freedom v. Freedom of Association: Another Look at All-Male Clubs, Neal Devins

 

A Symbolic Balanced Budget Amendment, Neal Devins

 

A Welcome Retreat from Government by Consent Decree, Neal Devins

 

Bearing False Witness: The Clinton Impeachment and the Future of Academic Freedom, Neal Devins

 

Better Lucky Than Good, Neal Devins

 

Bob Jones University v. United States 461 U.S. 574 (1983), Neal Devins

 

Bob Jones University v. United States 461 U.S. 574 (1983), Neal Devins

 

Bob Jones University v. U.S.: A Political Analysis, Neal Devins

 

Book Review of The Second American Revolution, Neal Devins

 

Book Review of The Supreme Court and Constitutional Democracy, Neal Devins

 

Bring Back the Draft?, Neal Devins

 

Budget Reform and the Balance of Powers, Neal Devins

 

Can a Unitary District Choose Neighborhood Schools?, Neal Devins

 

Centralization in Education: Why Johnny Can't Spell Bureaucracy, Neal Devins

 

Christmas Without Creches?: Can Private Nativity Scenes Be Banned from Public Land?, Neal Devins

 

Civil Rights Act of 1991, Neal Devins

 

Clinton, William Jefferson (1946- ), Neal Devins

 

Closing the Classroom Door on Civil Rights, Neal Devins

 

Congress and the Making of the Second Rehnquist Court, Neal Devins

 

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