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Taking Rulemaking Procedures Seriously in Bending the Rules by Rachel Augustine Potter

Notice-and-comment rulemaking is often thought of as a fixed process: if agency X follows the process then it creates binding regulation Y. Yet, there is considerable variation in how the notice-and-comment rulemaking process actually proceeds. For instance, Trump’s Environmental Protection Agency allotted only 15 days for public comment on a recently proposed rule. This amount… Continue reading Taking Rulemaking Procedures Seriously in Bending the Rules by Rachel Augustine Potter

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Unequal State Sovereignty: Considering the Equal State Sovereignty Principle Through Nineteenth-Century Election Laws by Zachary Newkirk

Introduction The equal state sovereignty principle may be “our historic tradition,” but it is an ill-defined, unexplored, and ambiguous one. In Shelby County v. Holder, the Supreme Court invalidated Section 4(b) of the Voting Rights Act (“VRA”) as a violation of the “fundamental principle of equal sovereignty.” Section 4(b) contained a formula that required some… Continue reading Unequal State Sovereignty: Considering the Equal State Sovereignty Principle Through Nineteenth-Century Election Laws by Zachary Newkirk

Podcast

Briefly 3.2 – How to Save a Constitutional Democracy

This is Briefly, a production of the University of Chicago Law Review. Today we're discussing the global trend of democratic backsliding with Professor Aziz Huq and Professor Tom Ginsburg of the University of Chicago Law School. Professors Ginsburg and Huq have recently written the book, "How to Save a Constitutional Democracy," on that subject. Music… Continue reading Briefly 3.2 – How to Save a Constitutional Democracy