Neutrality and Judicial Review

Comparative Reasoning and Judicial Review

Judicial Review Before Marbury

While scholars have long probed the original understanding of judicial review and the early judicial review case law, this Article presents a study of the judicial review case law in the United States before Marbury v. Madison that is dramatically more complete than prior work and that challenges previous scholarship on the original understanding of judicial review on the two most critical dime...

Judicial Review and Non - Enforcement at The

Can the President refuse to enforce a law he deems unconstitutional? Take the Affordable Care Act. The Supreme Court upheld the provision in the Act mandating that individuals purchase health insurance, but leading Republicans continue to press the view that the law is unconstitutional. Suppose one such Republican captures the presidency in 2016. His first act in office is to recommend legislat...

Applying Non-parametric Robust Bayesian Analysis to Non-opiniated Judicial Neutrality

This paper explores the usefulness of robust Bayesian analysis in the context of an applied problem, 6nding priors to model judicial neutrality in an age discrimination case. We seek large classes of prior distributions without trivial bounds on the posterior probability of a key set, that is, without bounds that are independent of the data. Such an exploration shows qualitatively where the pri...

Communism, Value Neutrality and Monetary Neutrality

One of the most puzzling aspects about the functioning of the floating exchange rate regime of the 1980s has been that huge swings in exchange rate have had only muted effects on anything real. To understand this phenomenon, we study the relationship between communism and value neutrality and monetary neutrality. We find that the symmetry of communism is bound to lead to value neutrality. In th...