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Articles 91 - 97 of 97
Full-Text Articles in Law
Forgetting The Constitution, Robert F. Nagel
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
Publications
No abstract provided.
Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin
Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin
Articles & Chapters
No abstract provided.
The Early Role Of The Attorney General In Our Constitutional Scheme: In The Beginning There Was Pragmatism, Susan Low Bloch
The Early Role Of The Attorney General In Our Constitutional Scheme: In The Beginning There Was Pragmatism, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
This article attempts to accomplish two distinct but related objectives. First, it initiates the proposed systematic study of the Office of the Attorney General by examining its early role. Second, it explores how these early experiences help to answer today's questions. To those ends, part I examines the establishment of the Office of the Attorney General. Studying the genesis of the office and contrasting it to the other significant offices created by the First Congress, such as the Secretaries of Foreign Affairs, War, and Treasury, reveals the priorities and concerns of these early legislators, many of whom had been instrumental …
Originalism As Transformative Politics, Lawrence B. Solum
Originalism As Transformative Politics, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
One might easily paint a picture in which the central question debated in constitutional jurisprudence in recent years was whether originalism is the correct theory of constitutional interpretation. This portrait of a constitutional debate could be quite dramatic. Prominent among the figures on the originalist side stand former Judge Robert Bork, Chief Justice William Rehnquist, former Attorney General Edwin Meese, and scholar Raoul Berger. Their opponents, the nonoriginalists, include Senator Joseph Biden, Associate Justice William Brennan, and a host of constitutional scholars. The stakes of the debate seem high: will the legacy of the Warren Court be dismantled by the …
Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow
Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow
Georgetown Law Faculty Publications and Other Works
A new constitutional crisis has been thrust upon the American body politic. The crisis arises from a dispute concerning the allocation of legal authority for the interpretation, and especially for the reinterpretation, of international agreements. Once a sleepy backwater reserved for specialized scholars, the issue of treaty interpretation has drawn the President and Congress into stark confrontation and generated splashy headlines.
Section 1983 And Constitutional Torts, Charles F. Abernathy
Section 1983 And Constitutional Torts, Charles F. Abernathy
Georgetown Law Faculty Publications and Other Works
We have long recognized that the resurrection of section 1983 converted the fourteenth amendment from a shield into a sword by providing a civil action for vindication of constitutional rights and, to the extent that damages have gradually become the authorized remedy for section 1983 violations, we have easily come to think of such actions as constitutional torts-civil damage remedies for violations of constitutionally defined rights. There is, however, a subtler and greater reality to what has transpired, for the mere procedural vehicle of constitutional enforcement has, in retrospect, changed the substance of constitutional law itself. Section 1983 has not …