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Articles 1 - 9 of 9

Full-Text Articles in Law

Separation Of Powers; Bill Of Attainder; Presidential Papers; Chief Executive's Right To Privacy; Nixon V. Administrator Of General Services, Patricia L. Spencer Aug 2015

Separation Of Powers; Bill Of Attainder; Presidential Papers; Chief Executive's Right To Privacy; Nixon V. Administrator Of General Services, Patricia L. Spencer

Akron Law Review

In addressing itself to the constitutionality of the "Presidential Recording and Materials Preservation Act," the United States Supreme Court in Nixon v. Administrator of General Services (Nixon II) ruled for the first time on the permissible extent of congressional authority to regulate the disposition of official records and papers of a former chief executive. By its action, the Court undertook to reverse two hundred years of practice by past presidents.


The Role Of Courts In Government Today, James L. Oakes Jul 2015

The Role Of Courts In Government Today, James L. Oakes

Akron Law Review

It is elementary constitutional law that American courts have the power of judicial review. While a case can be made (and is still sometimes made by critics of too much judicial intervention) against the courts' power to review federal actions against the Constitution or state actions contrary to the Federal Constitution or statutes, the principle of judicial review is so well ingrained in the American system that it need not be reargued here. Rather I shall examine the principal arguments counseling caution and restraint in the exercise of the power, even though some of these arguments seem to run against …


Save Elections From Secret Money People, Luke M. Scheuer Jan 2015

Save Elections From Secret Money People, Luke M. Scheuer

Luke M Scheuer

No abstract provided.


Agora: Reflections On Zivotofsky V. Kerry : Historical Gloss, The Recognition Power, And Judicial Review, Curtis A. Bradley Jan 2015

Agora: Reflections On Zivotofsky V. Kerry : Historical Gloss, The Recognition Power, And Judicial Review, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Introduction To Agora: Reflections On Zivotofsky V. Kerry, Curtis A. Bradley, Carlos M. Vazquez Jan 2015

Introduction To Agora: Reflections On Zivotofsky V. Kerry, Curtis A. Bradley, Carlos M. Vazquez

Faculty Scholarship

No abstract provided.


Reading Intellectual Property Law Reform Through The Lens Of Constitutional Equality, Jessica Silbey Jan 2015

Reading Intellectual Property Law Reform Through The Lens Of Constitutional Equality, Jessica Silbey

Faculty Scholarship

In reviewing three books, Robert Spoo's Without Copyright, Bill Herman's The Fight for Digital Rights, and Aram Sinnreich's The Piracy Crusade, for Tulsa Law Review's annual book review volume, this paper explores new themes and structures in Supreme Court cases about intellectual property. Studying the new histories and processes described in the books under review helps reveal constitutional equality frameworks in Supreme Court cases about intellectual property usually understood as cases about congressional deference and property rights. This article explains how many of these Supreme Court cases about IP reflect a range of equality modalities - e.g., …


Hunting And The Second Amendment, Joseph Blocher Jan 2015

Hunting And The Second Amendment, Joseph Blocher

Faculty Scholarship

Debates about the meaning and scope of the Second Amendment have traditionally focused on whether it protects the keeping and bearing of arms for self-defense, prevention of tyranny, maintenance of the militia, or some combination of those three things. But roughly half of American gun-owners identify hunting or sport shooting as their primary reason for owning a gun. And while much public rhetoric suggests that these activities fall within the scope of the Second Amendment, some of the most committed gun-rights advocates insist that the Amendment “ain’t about hunting” and that, no matter their heritage and value, such activities are …


Modern-Day Nullification: Marijuana And The Persistence Of Federalism In An Age Of Overlapping Regulatory Jurisdiction, Ernest A. Young Jan 2015

Modern-Day Nullification: Marijuana And The Persistence Of Federalism In An Age Of Overlapping Regulatory Jurisdiction, Ernest A. Young

Faculty Scholarship

No abstract provided.


A Few Thoughts On Free Speech Constitutionalism, Helen Norton Jan 2015

A Few Thoughts On Free Speech Constitutionalism, Helen Norton

Publications

No abstract provided.