Judicial Review

Online
Essay
Judging the Referee: How Judicial Standards of Review Can Improve Soccer’s Video Assistant Referee System
Eliana Fleischer
Eliana Fleischer is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

She thanks Matthew Makowski, Cheridan Christnacht, Annie Kors, and the University of Chicago Law Review Online team. She also thanks her first readers, Julie Fleischer and Barry Fleischer.

The 2022 FIFA World Cup is in full swing, and while no one knows what the results of the games will be, we do know one thing: no matter who wins, there will be people mad at the referees.

FIFA World Cup Judicial Review Jurisprudence
Online
Essay
Seila Law and the Law of Judicial Review
John Harrison
John Harrison is the James Madison Distinguished Professor of Law and Thomas F. Bergin Teaching Professor at the University of Virginia.

Professor Caleb Nelson provided helpful comments.

The Court in Seila Law LLC v. Consumer Financial Protection Bureau did not hold that the restriction on presidential removal of the Consumer Financial Protection Bureau (CFPB) director was unconstitutional. At least, it did not do so according to standard principles of stare decisis and the orthodox account of the law of judicial review—the legal principles under which courts implement the hierarchical superiority of the Constitution to all other legal norms.

Duty Judicial Review Precedent
Online
Essay
Judicial Review of Deadlock Votes: Campaign Legal Center & Democracy 21 v. Federal Election Commission (D.C. Cir. 2020)
Kate M. Harris
Kate M. Harris is a J.D. Candidate in the University of Chicago Law School Class of 2021. She received a B.S. from University of Colorado Boulder in 2016.

She thanks Matthew Reade for his terrific comments on this piece.

The “little agency that can’t,” an “impotent joke,” and “worse than dysfunctional.”

Campaign Finance Federal Election Commission Judge Harry Edwards Judicial Review Partisan Deadlock Prosecutorial Discretion
Online
Essay
What Kind of Oversight Board Have You Given Us?
Evelyn Douek
Evelyn Douek is a lecturer on law and S.J.D. candidate at Harvard Law School, and Affiliate at the Berkman Klein Center For Internet & Society. She studies global regulation of online speech, private content moderation, institutional design, and comparative free speech law and theory. She has participated, at Facebook’s invitation, in several workshops on the FOB, all unpaid and in her academic capacity. Tweet @evelyndouek.

The Facebook Oversight Board (the “FOB”) will see you now—well, at least a very small number of a select subset of you.

Big Tech Content Regulation Facebook Facebook Oversight Board Judicial Review Social Media Technology

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