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Articles 1 - 20 of 20
Full-Text Articles in Entire DC Network
"Divided Party Control - Does It Make A Difference?" At Brandeis University, David R. Mayhew
"Divided Party Control - Does It Make A Difference?" At Brandeis University, David R. Mayhew
David Mayhew
No abstract provided.
Foreign Affairs Law And Democracy, Phillip R. Trimble
Foreign Affairs Law And Democracy, Phillip R. Trimble
Michigan Law Review
A Review of Constitutionalism, Democracy, and Foreign Affairs by Louis Henkin
"Divided Party Control Of The Government," At Center For American Politics And Public Policy, Ucla, David R. Mayhew
"Divided Party Control Of The Government," At Center For American Politics And Public Policy, Ucla, David R. Mayhew
David Mayhew
No abstract provided.
Making Judicial Nominees Answer Senate Questions, John Paul Jones
Making Judicial Nominees Answer Senate Questions, John Paul Jones
Law Faculty Publications
Prof. Jones discusses the congressional powers to conduct investigations and compel answers from individuals versus the prospective judge's interest in impartiality in the of judicial nomination hearings.
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Articles
Justice Antonin Scalia has put on the academic table the question of whether the doctrine of the dormant commerce clause should be abandoned. That is a significant contribution, for this is an issue that should be debated thoroughly. But Justice Scalia's campaign against the doctrine has been notably ambivalent. On the one hand, he argues that the doctrine lacks justification in constitutional text, history, and theory.1 On the other hand, assertedly feeling the pressure of stare decisis,2 he has gone along with, and even led, applications of the doctrine, although within narrow limits.3 In this essay, I argue that Justice …
Native Americans And The Constitution: The Original Understanding, Mark Savage
Native Americans And The Constitution: The Original Understanding, Mark Savage
American Indian Law Review
No abstract provided.
The Threat Of A Second Constitutional Convention: Patrick Henry's Lasting Legacy, Jeffery K. Mitchell
The Threat Of A Second Constitutional Convention: Patrick Henry's Lasting Legacy, Jeffery K. Mitchell
University of Richmond Law Review
The Bill of Rights secured the individual freedoms that constitute the mainstay of American liberty. The Framers of the Constitution did not include these vital rights in the original version of the document. In fact, the first ten amendments were proposed by Congress to secure ratification of the Constitution and, more importantly, to prevent a second constitutional convention.
Close Enough For Government Work: What Happens When Congress Doesn't Do Its Job, Thomas C. Arthur, Richard Freer
Close Enough For Government Work: What Happens When Congress Doesn't Do Its Job, Thomas C. Arthur, Richard Freer
Faculty Articles
There's the beef. The supplemental jurisdiction statute, particularly section 1367(b), is a nightmare of draftsmanship. The problems that flow from that fact are more than aesthetic. The sloppiness makes easy cases hard and sows confusion in areas where there should be, and so easily could have been, clarity. It creates that most wasteful type of litigation - fights over jurisdiction. Subject matter jurisdiction rules ought to be clear and capable of near-mechanical application whenever possible. Such precision was possible in the supplemental jurisdiction, if only someone had spent as much time writing the statute as the trio has spent writing …
Crime And Punishment In The Federal Courts, Roger J. Miner '56
Crime And Punishment In The Federal Courts, Roger J. Miner '56
Criminal Law
No abstract provided.
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
Affirmative Action, Douglas Scherer, John Dunne
Affirmative Action, Douglas Scherer, John Dunne
Touro Law Review
No abstract provided.
Agricultural Liens And The U.C.C.: A Report On Present Status And Proposals For Change, Steven C. Turner, Richard L. Barnes, Drew L. Kershen, Martha L. Noble, Brooke Schumm
Agricultural Liens And The U.C.C.: A Report On Present Status And Proposals For Change, Steven C. Turner, Richard L. Barnes, Drew L. Kershen, Martha L. Noble, Brooke Schumm
Oklahoma Law Review
No abstract provided.
Absolute Priority And New Value, James J. White
Absolute Priority And New Value, James J. White
Articles
This paper is based on a lecture given on December 6, 1990 ast the Second Annual Robert E. Krinock Lecture. The absolute priority rule is a specific application of the broader doctrine that reorganization plans must be "fair and equitable." Both have their origins in the railroad reorganization cases of the early 20th century. The general doctrine is now codified in section 1129(b)(2) of the Bankruptcy Code and the rule is codified in subsection 1129(b)(2)(B)(ii) which provides that the debtor must pay a nonconsenting class of unsecured creditors in full or "the holder of any claim or interest that is …
Ex Proprio Vigore, James J. White
Ex Proprio Vigore, James J. White
Articles
The National Conference of the Commissioners on Uniform State Laws (NCCUSL) is a legislature in every way but one. It drafts uniform acts, debates them, passes them, and promulgates them, but that passage and promulgation do not make these uniform acts law over any citizen of any state. These acts become the law of the various states only ex proprio vigore - only if their own vitality influences the legislators of the various states to pass them.
Agricultural Liens And The U.C.C.: A Report On Present Status And Proposals For Change, Steven C. Turner, Richard L. Barnes, Drew L. Kershen, Martha L. Noble, Brooke Schumm
Agricultural Liens And The U.C.C.: A Report On Present Status And Proposals For Change, Steven C. Turner, Richard L. Barnes, Drew L. Kershen, Martha L. Noble, Brooke Schumm
Oklahoma Law Review
No abstract provided.
Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation For The Consumer Debtor, Richard E. Flint
Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation For The Consumer Debtor, Richard E. Flint
Faculty Articles
The central justification for the debtor financial relief provisions of the Bankruptcy Code is founded in a natural law theory of morality. The law reflects reason and conscience, and those fundamental principles of fairness and humanitarianism form the moral dimension of the debtor relief provisions of the Bankruptcy Code. Historically, America has recognized an objective moral dimension to the bankruptcy process, and Congress has continually enacted legislation implementing its fresh start policy, which strives to obtain goals that mirror that moral fiber.
This fiber is composed of two separate but mutually dependent strands of values, intertwined into a coherent plan …
Grasping At Burnt Straws: The Disaster Of The Supplemental Jurisdiction Statute, Thomas C. Arthur, Richard Freer
Grasping At Burnt Straws: The Disaster Of The Supplemental Jurisdiction Statute, Thomas C. Arthur, Richard Freer
Faculty Articles
Ah, the strawman model! Where would Professors Rowe, Burbank, and Mengler be without it? At a minimum, they would have a much shorter article. If Professor Freer in fact torched the entire farm, it is because there was so much dry straw lying around after the three drafters finished tilting with the strawmen they created in their response to Professor Freer's article. The drafters spend more than half of their article arguing the irrelevant points that a statute was needed after Finley, that the statute was consistent with recommendations of the Federal Courts Study Committee, and that Professor Freer …
A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal
A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal
Fordham Law Review
No abstract provided.
1990s Courses At Yale, David R. Mayhew
1990s Courses At Yale, David R. Mayhew
David Mayhew