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Articles 31 - 60 of 95
Full-Text Articles in Law
Review Of Ct Legislation: Submission On Federal Criminal Code Ct Provisions, Gregory L. Rose
Review Of Ct Legislation: Submission On Federal Criminal Code Ct Provisions, Gregory L. Rose
Faculty of Law, Humanities and the Arts - Papers (Archive)
This submission relates to only selected federal Criminal Code counter-terrorism (CT) laws, although recognising that national CT criminal laws form merely part a small part of the national effort required to combat extremist political violence. It suggests several of the CT provisions in which clarity could be improved.
Assessment of the federal CT laws against the criterion of necessity indicates that, although the CT criminal offences update or extend prior legislation, most prior legislation remains on the books, and overlap occurs. Yet, in another respect, they do not overlap with other extant crimes of violence. The intention of terrorism perpetrators, …
Bad News For John Marshall, David B. Kopel, Gary Lawson
Bad News For John Marshall, David B. Kopel, Gary Lawson
David B Kopel
In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Maryland. Professor Andrew Koppelman’s response, Bad News for Everybody, wrongly conflates that argument with a wide range of interpretative and substantive positions that are not logically entailed by taking seriously the requirement that laws enacted under the Necessary and Proper Clause must be incidental to an enumerated power. His response is thus largely unresponsive to our actual arguments.
“Health Laws Of Every Description”: John Marshall’S Ruling On A Federal Health Care Law, David B. Kopel, Robert G. Natelson
“Health Laws Of Every Description”: John Marshall’S Ruling On A Federal Health Care Law, David B. Kopel, Robert G. Natelson
David B Kopel
If John Marshall, the greatest of Chief Justices, were to hear a challenge to the constitutionality of the Patient Protection and Affordable Care Act of 2010, how would he rule? Would the nationalist justice who, according to the New Deal Supreme Court, “described the Federal commerce power with a breadth never yet exceeded,” agree that federal control of health care was within that power?
In the fictional opinion below, Marshall rules on the constitutionality of a bill similar to the Patient Protection and Affordable Care Act.
We constructed this opinion chiefly from direct quotation and paraphrases of Marshall’s own words, …
Card Check Labor Certification: Lessons From New York, William A. Herbert
Card Check Labor Certification: Lessons From New York, William A. Herbert
William A. Herbert
During the debate over the card check proposal in the Employee Free Choice Act of 2009 (EFCA), there has been a notable lack of discussion about New York’s fifty-year history and experience with card check certification. This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures. The article begins with an overview of the history of New York public sector labor relations prior to the establishment of collective bargaining rights. As part of that historical overview, it examines the development of informal employee organization representation, …
Counting The Cost, Marc A. Clauson
Counting The Cost, Marc A. Clauson
History and Government Faculty Publications
No abstract provided.
The Maine Women's Advocate (2010 - Winter), Maine Women's Lobby Staff
The Maine Women's Advocate (2010 - Winter), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Maine Women's Advocate (2009 - Winter), Maine Women's Lobby Staff
The Maine Women's Advocate (2009 - Winter), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Maine Women's Advocate (2009 - Summer), Maine Women's Lobby Staff
The Maine Women's Advocate (2009 - Summer), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Ira Steven Nathenson
Like a ballet, the notice-and-take-down provisions of the Digital Millennium Copyright Act ("DMCA") provide complex procedures to obtain take-downs of online infringement. Copyright owners send notices of infringement to service providers, who in turn remove claimed infringement in exchange for a statutory safe harbor from copyright liability. But like a dance meant for two, the DMCA is less effective in protecting the "third wheel," the users of internet services. Even Senator John McCain - who in 1998 voted for the DMCA - wrote in exasperation to YouTube after some of his presidential campaign videos were removed due to take-downs. McCain …
The Maine Women's Advocate (2008 - Summer), Maine Women's Lobby Staff
The Maine Women's Advocate (2008 - Summer), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Maine Women's Advocate (2007 - Fall), Maine Women's Lobby Staff
The Maine Women's Advocate (2007 - Fall), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Maine Women's Advocate (2007 - Winter), Maine Women's Lobby Staff
The Maine Women's Advocate (2007 - Winter), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Maine Women's Advocate (2007 - Summer), Maine Women's Lobby Staff
The Maine Women's Advocate (2007 - Summer), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.
Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
The Maine Women's Advocate (2006 - Fall), Maine Women's Lobby Staff
The Maine Women's Advocate (2006 - Fall), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Maine Women's Advocate (2006 - Summer), Maine Women's Lobby Staff
The Maine Women's Advocate (2006 - Summer), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Maine Women's Advocate (2006 - Winter), Maine Women's Lobby Staff
The Maine Women's Advocate (2006 - Winter), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard Jr.
Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
The Lobbyist No. 31 (Winter 2001), Maine Women's Lobby Staff
The Lobbyist No. 31 (Winter 2001), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Lobbyist No. 28 (Winter 2000), Maine Women's Lobby Staff
The Lobbyist No. 28 (Winter 2000), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Lobbyist No. 29 (Spring 2000), Maine Women's Lobby Staff
The Lobbyist No. 29 (Spring 2000), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Lobbyist No. 25 (May 1999), Maine Women's Lobby Staff
The Lobbyist No. 25 (May 1999), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Lobbyist No. 24 (February 1999), Maine Women's Lobby Staff
The Lobbyist No. 24 (February 1999), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Lobbyist No. 27 (Fall 1999), Maine Women's Lobby Staff
The Lobbyist No. 27 (Fall 1999), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel
Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel
David B Kopel
Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.
The Lobbyist No. 23 (October 1998), Maine Women's Lobby Staff
The Lobbyist No. 23 (October 1998), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Lobbist No. 22 (August 1998), Maine Women's Lobby Staff
The Lobbist No. 22 (August 1998), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Lobbyist No. 21 (April 1998), Maine Women's Lobby Staff
The Lobbyist No. 21 (April 1998), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Lobbyist No. 20 (December 1997), Maine Women's Lobby Staff
The Lobbyist No. 20 (December 1997), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.