"Resigned to Judicial Review?
gillman at RCF-FS.USC.EDU
Thu Dec 7 19:03:14 PST 2000
At 09:41 PM 12/7/2000 -0500, Mark A. Graber wrote:
>Without commenting on the instant case, a good deal of poliical science
>literature, now supporting by Scott Powe's wonderful study of the Warren
>Court concludes that legislatures and legislators invite judicial review
>far more often that Scalia suggests, that this rhetoric simply mistakes
>what actually goes on in American politics.
Mark wouldn't say this himself, but all con law profs should be familiar
with his absolutely terrific article on this point, "The Non-Majoritarian
Difficulty: Legislative Deference to the Judiciary," Studies in American
Political Development 7 (1993):35-73.
I only mention it since con law profs are more likely to miss important
social science literature that doesn't pop up on law school databases.
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