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Sherman's March (In)To The Sea, Andrew S. Oldham
Sherman's March (In)To The Sea, Andrew S. Oldham
ExpressO
This Article argues that the Sherman Act is unconstitutional. At the very least, scholars and jurists must not take for granted Congress's ability to statutorily deputize the federal courts with common-lawmaking powers. The federal antitrust statute—which has been described as the Magna Carta of free enterprise—raises serious constitutional questions that have heretofore gone unexplored and unanswered. Specifically, it is difficult (if not impossible) to reconcile the Sherman Act with the separation of powers, the nondelegation doctrine, and the Supremacy Clause.
Analyzing The International Criminal Court Complementarity Principle Through A Federal Courts Lens, Ada Y. Sheng
Analyzing The International Criminal Court Complementarity Principle Through A Federal Courts Lens, Ada Y. Sheng
ExpressO
The signing of the Rome Statute that created the International Criminal Court (ICC) was viewed by many in the international law community as a constitutional moment not unlike the passage of the Judiciary Act of 1789. In giving birth to a new type of legal institution, however, the Rome Statute created a void in the ability of any existing body of law to precisely convey the nature of the ICC. The Court is neither in a direct vertical nor horizontal relationship to State courts, with the result that traditional international or national legal norms do not apply. The UN referral …