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The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone Oct 2019

The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone

Linda A. Malone

No abstract provided.


Rights Dynamism, Timothy Zick Sep 2019

Rights Dynamism, Timothy Zick

Timothy Zick

No abstract provided.


Restoring Fairness To Campus Sex Tribunals, Cynthia Ward Sep 2019

Restoring Fairness To Campus Sex Tribunals, Cynthia Ward

Cynthia V. Ward

No abstract provided.


Choice Of Law, The Constitution And Lochner, James Y. Stern Sep 2019

Choice Of Law, The Constitution And Lochner, James Y. Stern

James Y. Stern

No abstract provided.


Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese Sep 2019

Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese

Alan J. Meese

No abstract provided.


Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese Sep 2019

Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese

Alan J. Meese

The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery. Indeed, …


Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus Sep 2019

Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus

Paul Marcus

No abstract provided.


The Legal Dilemma Of Guantanamo Detainees From Bush To Obama, Linda A. Malone Sep 2019

The Legal Dilemma Of Guantanamo Detainees From Bush To Obama, Linda A. Malone

Linda A. Malone

The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian law requirements, …


When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle Sep 2019

When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle

Evan J. Criddle

No abstract provided.