Things to Read This Week (5/12)

The limits of judicial power, thrice over

Legalistic Noncompliance, by Daniel Deacon and Leah Litman (“Legalistic noncompliance occurs when the administration uses the language of the law as cover to claim that it is complying with court orders when in fact it is not. Drawing strength from a kind of casuistry, practitioners of legalistic noncompliance deploy an array of specious legal arguments and legalisms in an attempt to conceal what is actually widespread resistance to judicial oversight.”) I’ve just started work on a related co-authored project, watch this space for more in the future.

What Does Humphrey’s Executor Mean?, by Nathaniel Donahue at J.Reg. Notice & Comment. Attempt to sympathetically reconstruct what “quasi-legislative” and “quasi-judicial” actually meant. I’d long wondered Humphrey’s Executor’s use of those terms was related to 19th century case law about quasi-judicial immunity and such.

Vertical Stare Decisis, by Vasan Kesavan. You can only download the 20-page introduction right now, but this will likely become the definitive (skeptical) treatment of the topic.