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Constitutional Law

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Marquette Law Review

Journal

2019

Constitution

Articles 1 - 3 of 3

Full-Text Articles in Entire DC Network

Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young Mar 2019

Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young

Marquette Law Review

None


The Living Constitution And Moral Progress: A Comment On Professor Young's Boden Lecture, David A. Strauss Mar 2019

The Living Constitution And Moral Progress: A Comment On Professor Young's Boden Lecture, David A. Strauss

Marquette Law Review

None


Disgorging Emoluments, Caprice L. Roberts Jan 2019

Disgorging Emoluments, Caprice L. Roberts

Marquette Law Review

This Article is about unjust enrichment. It includes a theory of an unjust

enrichment cause of action against executive actors who receive unlawful

emoluments. Interpretations of the boundaries of unlawful emoluments range

from receipt of a gift or benefit because of the position of power held to quid

pro quo exchanges of a thing of value in exchange for government information

or advantage. Wherever the proper line, the purpose of the law of unjust

enrichment is to prevent and undo benefits one has no right to retain. It

achieves those goals with the use of restitution remedies including

disgorgement of …