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Full-Text Articles in Law
Presidential Power And What The First Congress Did Not Do, Michael D. Ramsey
Presidential Power And What The First Congress Did Not Do, Michael D. Ramsey
Notre Dame Law Review Reflection
Scholars, advocates, and judges have long debated the scope of the President’s “executive Power” under Article II, Section 1, of the Constitution. New articles by, among others, Professors Jean Galbraith, Julian Mortenson, Jed Shugerman, and Ilan Wurman have sharply rekindled those contentions, particularly with regard to the President’s power to remove executive officers and to conduct the foreign affairs of the United States. This Essay takes a close look at one piece of the executive power puzzle: what the First Congress did and did not do in 1789 regarding the powers of the President. Unlike prior accounts, which have devoted …
New Wine In Old Wineskins: Metaphor And Legal Research, Amy E. Sloan, Colin Starger
New Wine In Old Wineskins: Metaphor And Legal Research, Amy E. Sloan, Colin Starger
Notre Dame Law Review Reflection
This Essay argues that conceptualizing emerging legal technologies using inherited research metaphors is like pouring new wine in old wineskins—it simply doesn’t work. This Essay proposes to replace outdated research metaphors with updated metaphors that can provide the fresh wineskin to conceptualize current research challenges.
Testing The Geographical Proximity Hypothesis: An Empirical Study Of Citations To Nonbinding Precedents By Indiana Appellate Courts, Kevin Bennardo
Testing The Geographical Proximity Hypothesis: An Empirical Study Of Citations To Nonbinding Precedents By Indiana Appellate Courts, Kevin Bennardo
Notre Dame Law Review Reflection
This Article analyzes the citation patterns of the Indiana Supreme Court and the Indiana Court of Appeals from 2012 and 2013. The research underlying this Article involved a study of 1324 opinions from that time period. In those opinions, the Indiana appellate courts cited to out-of-state judicial decisions 738 times. This Article analyzes those citations to test the hypothesis that state courts are more likely to turn to decisions of geographically proximate state courts for guidance when homespun precedent is lacking. The evidence points to the conclusion that, while geographical proximity bears on persuasiveness, it does not cross regional divides. …