Gillian E. Metzger

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This Article offers an account of how courts respond to social change, with a specific focus on the process by which courts “tip” from one understanding of a social group and its constitutional claims to another. Adjudication of equal protection and due process claims, in particular, requires courts to make normative judgments regarding the effect of traits(More)
Despite the recognized impact that the national administrative state has had on the federal system, the relationship between federalism and administrative law remains strangely inchoate and unanalyzed. Recent Supreme Court case law suggests that the Court is increasingly focused on this relationship and is using administrative law to address federalism(More)
We are witnessing an unprecedented housing and foreclosure crisis, with 2.25 million foreclosures started last year and at least 1.7 million foreclosure starts expected this year. Privately securitized mortgages are at the core of the problem. These mortgages—which were originated without a guarantee from government-sponsored entities—account for more than(More)
This Essay addresses the question of whether challenges to legislation as exceeding Congress’ powers should be assessed on a facial or an as-applied basis, a question that rose to the fore in the Supreme Court’s recent decision in Tennessee v. Lane. The Essay begins by arguing that what distinguishes a facial challenge is that it involves an attack on some(More)
An original computer system is described, which produces lists of specimens received, work sheets for the technicians and patient reports. The computer system functions continually around the clock and can be operated by laboratory staff. Patients reports are edited in usual units and in SI units, which decreases problems associated with the introduction of(More)
Two very different visions of the national government underpin the ongoing battle over the Affordable Care Act̂ (ACA). President Obama and supporters of the ACA believe in the power of government to protect individuals through regulation and collective action.^ By contrast, the ACA's Republican and Tea Party opponents see expanded government as a(More)
Article IV imposes prohibitions on interstate discrimination that are central to our status as a single nation, yet the Constitution also grants Congress broad power over interstate relations. This raises questions with respect to the scope of Congress's power over interstate relations, what is sometimes referred to as the horizontal dimension of(More)