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Browsing Law Faculty Scholarship by Author "Murphy, Richard"

Browsing Law Faculty Scholarship by Author "Murphy, Richard"

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  • Murphy, Richard (2009)
    This short essay examines constitutional standing and its relation to separation of powers in light of the Supreme Court’s 4-1-4 split.
  • Murphy, Richard (Administrative Law Review, 2008)
    The Supreme Court's long struggle over the nature of constitutional standing has taken on new urgency with the addition of Chief Justice Roberts and Justice Alito to the Court. Four justices are now strongly committed to ...
  • Murphy, Richard; Koch Jr., Charles H. (LexisNexis / Matthew Bender, 2000)
    This book is designed with the problems of pedagogy in mind. The materials are arranged to assist students to appreciate the relationships underlying various administrative-law doctrines. The materials also are intended ...
  • Murphy, Richard; Koch Jr., Charles H. (LexisNexis / Matthew Bender, 2010-06)
    This book is designed with the problems of pedagogy in mind. The materials are arranged to assist students to appreciate the relationships underlying various administrative-law doctrines. The materials also are intended ...
  • Murphy, Richard (1996)
    Professor Murphy reviews Mr. Redish's book concerning the Supreme Court, federalism, and separation of powers. Professor Murphy strongly supports the author's view on the Court's federalism jurisprudence. Professor Murphy ...
  • Murphy, Richard (Brigham Young University Law Review, 2007)
    Scholars from across the political spectrum have in recent years attacked the Supreme Court's claim to supreme power to interpret the Constitution. This Article adds to this movement of "popular constitutionalism" by ...
  • Murphy, Richard (1994)
    This Note focuses on the constitutionality of bankruptcy court proposed findings of criminal contempt. Part I discusses the authority of bankruptcy courts, paying particular attention to their power to issue proposed ...
  • Murphy, Richard (American Bar Association, 2004)
    The Supreme Court’s opinions in the war-on-terrorism cases address grand issues concerning access to the courts for review of executive action, and might reasonably fit into a chapter entitled “Judicial Review” in a book ...
  • Murphy, Richard (American Bar Association, 2006)
    During the last term, the Supreme Court issued opinions of note on third-party standing, preclusion of review, displacement of § 1983 actions, and sovereign immunity. In addition to discussing these Supreme Court opinions, ...
  • Murphy, Richard (American Bar Association, 2008)
    This chapter examines highlights from federal case law developments governing judicial review of agency action from August 2005 to July 2006. It was a relatively quiet year on the judicial review front with no obvious ...
  • Murphy, Richard (American Bar Association, 2007)
    Professor Murphy co-authored Chapter 4 of this book distributed by the ABA Section of Administrative Law and Regulatory Practice. Chapter 4 discusses judicial review. Part I covers the scope of review. Part II discusses ...
  • Murphy, Richard (American Bar Association, 2008)
    Professor Murphy co-authored Chapter 6 of this book distributed by the ABA Section of Administrative Law and Regulatory Practice. Chapter 6 discusses judicial review. Part I covers the scope of review. Part II discusses ...
  • Murphy, Richard (American Bar Association, 2009)
    Professor Murphy co-authored Chapter 6 of this book distributed by the ABA Section of Administrative Law and Regulatory Practice. Chapter 6 discusses judicial review. Part I covers the scope of review. Part II discusses ...
  • Murphy, Richard (Cardozo Law Review, 2009)
    Targeted killing is extra-judicial, premeditated killing by a state of a specifically identified person not in its custody. States have used this tool, secretly or not, throughout history. In recent years, targeted killing ...
  • Murphy, Richard (Administrative Law Review, 2008)
    Administrative law is difficult because it reflects a tension between two fundamental impulses that pull in opposite directions. Effective government requires the allocation of discretionary power to agency officials, but ...
  • Murphy, Richard (2012)
    This essay briefly examines the validity of the concern that the administrative rulemaking process as currently structured unduly favors industry over public interest groups. It concludes that this concern has substantial ...
  • Murphy, Richard (Journal of National Security Law and Policy, 2012)
    Many critiques of the Central Intelligence Agency’s alleged use of killer drones depend on law that does not bind the United States or on contestable applications of uncertain facts to vague law. While acknowledging a ...
  • Murphy, Richard (2013)
    This article focuses on aspects of the Chevron deference doctrine. It discusses a number of cases and characteristics defining their boundaries around the applicability of the doctrine, and also discusses the two-step ...
  • Murphy, Richard (University of Illinois Law Review, 2011)
    Killer drones are the future of warfare. Their use, viewed from one angle, generates few legal problems insofar as drones merely provide another tool for the longstanding military practice of killing enemies from the air. ...
  • Murphy, Richard; Radsan, Afsheen John (2013)
    For years, the United States has targeted members of terrorist groups. Critics have argued that this is a practice of illegal assassinations and that the process of choosing targets lacks due process. This article proposes ...