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Articles 1 - 13 of 13
Full-Text Articles in Law
Before Election Day, Some Reminders Of America's Greatness, Alan E. Garfield
Before Election Day, Some Reminders Of America's Greatness, Alan E. Garfield
Alan E Garfield
No abstract provided.
But First, (Don’T) Let Me Take A Selfie: New Hampshire’S Ban On Ballot Selfies And First Amendment Scrutiny, Emily Wagman
But First, (Don’T) Let Me Take A Selfie: New Hampshire’S Ban On Ballot Selfies And First Amendment Scrutiny, Emily Wagman
William & Mary Bill of Rights Journal
No abstract provided.
Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld
Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld
Daniel L. Rubinfeld
Analyzes the provisions of the fifth amendment of the U.S. Constitution related to the regulatory takings and just compensation for private properties in the 1980s. Decision on the supreme court case Pennsylvania Coal Co. v. Mahon; Regulation of lower courts on regulatory takings; Provisions on compensation as insurance against regulatory takings.
Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams
Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams
Kathryn Abrams
Discusses androcentrism and institutional reform in the military. Need to expose androcentism as a strategy for change; Courts' deference toward military policy.
Book Review: The Great Dissent: How Oliver Wendell Holmes Changed His Mind—And Changed The History Of Free Speech In America, By Thomas Healy, Jamie Cameron
Jamie Cameron
This is a book review of Healy, Thomas. The Great Dissent: How Oliver Wendell Holmes Changed his Mind—and Changed the History of Free Speech in America. Metropolitan Books, Henry Holt and Co. 2013.
Public Law Litigation In The U.S. And In Argentina: Lessons From A Comparative Study, Martin Oyhanarte
Public Law Litigation In The U.S. And In Argentina: Lessons From A Comparative Study, Martin Oyhanarte
Georgia Journal of International & Comparative Law
No abstract provided.
The Indefinite Deflection Of Congressional Standing, Nat Stern
The Indefinite Deflection Of Congressional Standing, Nat Stern
Pepperdine Law Review
Recent litigation brought or threatened against the administration of President Obama has brought to prominence the question of standing by Congress or its members to sue the President for nondefense or non-enforcement of federal law. While scholars divide over the normative propriety of such suits, the Court has never issued a definitive pronouncement on their viability. Nevertheless, the Court’s rulings when the issue has arisen have displayed a distinct pattern. While the Court has not formally repudiated suits of this nature, neither has it issued a decision that hinges on the presence of congressional standing. On the contrary, the Court …
Book Review: The Great Dissent: How Oliver Wendell Holmes Changed His Mind—And Changed The History Of Free Speech In America, By Thomas Healy, Jamie Cameron
Osgoode Hall Law Journal
This is a book review of Healy, Thomas. The Great Dissent: How Oliver Wendell Holmes Changed his Mind—and Changed the History of Free Speech in America. Metropolitan Books, Henry Holt and Co. 2013.
The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz
The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Five Days In June When Values Died In American Law, Bruce Ledewitz
The Five Days In June When Values Died In American Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • Iran and United States Continue to Implement Nuclear Deal, Although Disputes Persist • United States Continues to Challenge Chinese Claims in South China Sea; Law of the Sea Tribunal Issues Award Against China in Philippines-China Arbitration • U.S. Navy Report Concludes That Iran’s 2015 Capture of U.S. Sailors Violated International Law • United States Justifies Its Use of Force in Libya Under International and National Law • U.S. Drone Strike Kills Taliban Leader in Pakistan • U.S. Government Releases Casualty Report, Executive Order, and Presidential Policy Guidance Related to Its Counterterrorism Strike Practices • The Department …
Formal Versus Functional Method In Comparative Constitutional Law, Francesca Bignami
Formal Versus Functional Method In Comparative Constitutional Law, Francesca Bignami
Osgoode Hall Law Journal
In the field of comparative constitutional law, the dominant approach to concept formation and research design is formal. That is, comparative projects generally identify what counts as the supreme law that can be enforced against all other sources of law based on the “constitutional” label of the positive law (written constitutions and the jurisprudence of constitutional courts) and the law books. This formal method, however, has significant limitations when compared with the functional method used in the field of comparative law more generally speaking. After a brief exposition of the functional method, this article explores the advantages of the functional …
Dead Hands, Living Trees, Historic Compromises: The Senate Reform And Supreme Court Act References Bring The Originalism Debate To Canada, J. Gareth Morley
Dead Hands, Living Trees, Historic Compromises: The Senate Reform And Supreme Court Act References Bring The Originalism Debate To Canada, J. Gareth Morley
Osgoode Hall Law Journal
Recent American debates about the relationship between the historic political compromises underlying constitutional provisions and their contemporary judicial application have been largely ignored in Canada. The Supreme Court of Canada has only twice referred to originalism—and never positively. But in two 2014 decisions about how central institutions of government—the Senate and the Supreme Court of Canada itself—might be changed, the Court relied on the underlying historic political compromises to interpret the Constitution, rejecting arguments from the text or democratic principle. In this article, I consider how Canadian courts have looked to history in the past and in the 2014 decisions, …