This Article is concerned with two critical and interrelated questions in American public law. The first question is how the law should regulate politics. Specifically, how can legal doctrine be brought to bear on processes of politics and political decisionmaking in order to produce superior outcomes and to improve the operations of political process? The second question is how the law should deal with the modem regulatory process.
This Article makes two principal arguments. First, the best interpretation of the federal habeas corpus statute would not embrace any theory to the exclusion of all others. To some degree, the Court has had trouble settling on a theory of habeas because the theories under consideration are oversimple. What makes the most sense is a hybrid approach to habeas jurisdiction. This hybrid theory would hold that federal habeas relief is…
This Article focuses primarily on the liability of parent corporations under CERCLA, in part because the cases involving parent corporations raise typical types of issues in relatively uncomplicated factual circumstances. In addition, the cases involving parent corporations are plentiful enough to provide a good sample for evaluation, but limited enough to be manageable.
This Essay offers a preliminary assessment of how textualism and the Chevron doctrine are faring together in the Supreme Court. Part II tracks the progress of these two tenets in recent terms of the Supreme Court. In Part III, I consider some possible explanations for these trends.