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governance. But, as McConnell and Picker recognized, current law restricts that option since the Bankruptcy Code limits states’ ability to enact laws that
emerging social science and administrative law) preserved for lawyers the possibility of exercising significant paternalistic discretion. Part II examines
U.S. 88 (No. 11-1295). When the Government’s lawyer tried to explain that the law had changed since the brief was filed ten years earlier, the Chief
Prison Malapportionment: Forging a New Path for State Courts | Yale Law Journal Prison Malapportionment: Forging a New Path for State Courts abstract
Supply-Chain Wage Theft as Unfair Method of Competition | Yale Law Journal Supply-Chain Wage Theft as Unfair Method of Competition abstract. This
State Water Ownership and the Future of Groundwater Management | Yale Law Journal State Water Ownership and the Future of Groundwater Management
measure state court interpretations of state law in cases implicating the Elections Clause.” Instead, the Court said only that when reviewing state laws
the effects and applications of its delegations. Both branches may wish to clarify the state of the law in future lawmaking exercises and to undertake
though, this seems wrong. The Appointments Clause requires Congress to establish offices by law before those offices can execute laws. The relevant
This essay is part of a collection In Memoriam: Robert A. Burt Robert A. Burt was a member of the Yale Law School Class of 1964, a Note & Comment