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Sigtarp And The Executive-Legislative Clash: Confronting A Bowsher Issue With An Eye Toward Preserving The Separation Of Powers During Future Crisis Legislation, Aaron R. Sims Jan 2011

Sigtarp And The Executive-Legislative Clash: Confronting A Bowsher Issue With An Eye Toward Preserving The Separation Of Powers During Future Crisis Legislation, Aaron R. Sims

Washington and Lee Law Review

No abstract provided.


Business Interests Cases - October 2009 Term, Leon D. Lazer Honorable, Leon Friedman Jan 2011

Business Interests Cases - October 2009 Term, Leon D. Lazer Honorable, Leon Friedman

Touro Law Review

No abstract provided.


Finding Sigtarp In The Separation Of Powers Labyrinth, Jonathan R. Siegel Jan 2011

Finding Sigtarp In The Separation Of Powers Labyrinth, Jonathan R. Siegel

Washington and Lee Law Review

No abstract provided.


Sigtarp: A Problem In Name Only?, Adam F. Scales Jan 2011

Sigtarp: A Problem In Name Only?, Adam F. Scales

Washington and Lee Law Review

No abstract provided.


Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration, Kenneth G. Coffin Jan 2011

Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration, Kenneth G. Coffin

Barry Law Review

This article will analyze possible limitations on Congress’ Article I power, concluding that separation of powers jurisprudence offers a practical and appropriate manner in which to check Congressional overreach. Part I traces the development of Congress’ power to create Article I courts. Part II critically evaluates the Northern Pipeline opinions, ultimately finding neither Justice Brennan’s nor Justice White’s conflicting opinions satisfactory. Part III briefly discusses several possible limiting principles on Article I courts before concluding that separation of powers jurisprudence offers a meaningful and pragmatic solution to the problem. Part IV tests the practicality of this new separation of powers …