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Former Presidents And Executive Privilege, Laurent Sacharoff
Former Presidents And Executive Privilege, Laurent Sacharoff
Laurent Sacharoff
A Step Too Far - Posthumously Conceived Children And Social Security Entitlements In Vernoff V Astrue, Mel Cousins
A Step Too Far - Posthumously Conceived Children And Social Security Entitlements In Vernoff V Astrue, Mel Cousins
Mel Cousins
This case note examines a recent decision of the Court of Appeals for the Ninth Circuit concerning the entitlements of posthumously conceived children under social security. In contrast to its earlier (expansionary) decision in Gillett-Netting, here the Court set out the limits to how far it is willing to push the interpretation of the (convoluted) legislation and refused to find a right to benefit where there was no evidence that the father had consented to (or even considered) having a child post-mortem.
Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen
Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen
David S. Bogen
No abstract provided.
The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen
The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen
David S. Bogen
This paper argues that the market participant exception to the dormant commerce clause reflects the same concerns that led to the clear statement doctrine for application of general legislation to the operations of state governments. The genius of the Constitution was to make federal law directly applicable to individuals instead of through state governments – this made enforcement easier and avoided confrontation between the state and nation. Confrontation in which the federal authorities order the state to act in a particular way should be a result of consideration of the need to do so. But the dormant commerce clause by …
Annan V: Rethinking The Viability Of The Constitutional Arrangement And Its Future Importance, Nicos Trimikliniotis
Annan V: Rethinking The Viability Of The Constitutional Arrangement And Its Future Importance, Nicos Trimikliniotis
Nicos Trimikliniotis
This chapter argues that despite the post-colonial Zurich-London legacy and the flaws contained in the final version of the Annan Plan its central pillars provided the basis for a viable, workable and fair constitutional arrangement for both Greek Cypriots and Turkish Cypriots. The plan’s philosophy is in line with human rights conventions, UN resolutions, the EU Acquis and the High Level agreements of 1977 and 1979. It defines ‘a bizonal bicommunal federation with a single sovereignty, international personality and citizenship’. The alternative – the indefinite continuation of de facto partition, or a de jure partition, or a ‘return’ to a …
Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini
Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini
Brian Gallini
Constituting Vanuatu: Societal, Legal And Local Perspectives,, Benedict Sheehy, Jackson Maogoto
Constituting Vanuatu: Societal, Legal And Local Perspectives,, Benedict Sheehy, Jackson Maogoto
Benedict Sheehy
Governance in Vanuatu has been a source of concern for Australia as it forms part of Australia’s ‘Arc of Instability.’ Vanuatu has adopted a modified Westminster system as that system is often advocated as the model for constitutions and governance around the world. In various former colonies local populations were expected to simply absorb its liberal democratic principles apparently on some assumption that such principles were an innate part of human nature. Most readings of history would come to a different conclusion. Vanuatu illustrates this error and the complexities of a society that not only creates a broad challenge for …