Digital Commons Network^™

Stripping Judicial Review During Immigration Reform: The Certificate Of Reviewability, Jill E. Family

Jill E. Family

Military Commissions Act Of 2006, Arsalan M. Suleman

Arsalan Suleman

On October 17, 2006, President Bush signed into law the Military Commissions Act of 2006 (MCA). Congress passed the MCA to authorize the trial by military commissions of detained terrorism suspects after the Supreme Court's decision in Hamdan v. Rumsfeld invalidated the military commissions previously established pursuant to a 2001 military order from President Bush. The MCA adds chapter 47A to title 10 of the U.S. Code to give statutory authorization for the military commissions. This Recent Development explores some of the more controversial aspects of the MCA, especially those sections that respond to the Court's Hamdan decision. The note …

Book Review(Reviewing Arguing Marbury V. Madison (Mark Tushnet Ed., 2005), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Philosopher King Courts: Is The Exercise Of Higher Law Authority Without A Higher Law Foundation Legitimate?, John C. Eastman

John C. Eastman

When our nation's Founders designed our constitutional system of government as the means to secure the inalienable rights described in the Declaration of Independence, they placed great stock in the structural provisions of the Constitution, even greater than in a judicially-enforceable bill of rights. Although they certainly envisioned judicial review, it is hard to fathom that they would have sanctioned a judiciary that decides every major (and a good number of the minor) political issue of the day. Even less clear is the ground of authority on which the modern-day court rests. This article considers several possible claims of legitimacy …

Az Alkotmánybíróság És A Közgazdasági Érvelés [Constitutional Courts And Economic Reasoning], Peter Cserne

Péter Cserne

No abstract provided.

The New Liberty, Erin Daly

Erin Daly

No abstract provided.

Why Europe Rejected American Judicial Review And Why It May Not Matter, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Eldred V. Ashcroft, Malla Pollack

Malla Pollack

Brief argues that statutes passed subject to the Progress Clause (also known as the Intellectual Property Clause and the Copyright and Patent Clause) should be subject to an elevated standard of review. Decision 537 U.S. 186 (2003).

Constitutional Courts And Parliamentary Democracy (Special Issue On Delegation), Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

The New Majoritarianism, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

The Birth And Development Of Abstract Review: Constitutional Courts And Policy-Making In Western Europe, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.