Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Legislation (2)
- Major questions doctrine (2)
- Abandoned Shipwreck Act (1)
- Administrative law (1)
- Agency policies (1)
-
- Cherokee Tobacco (1)
- Great lakes (1)
- Head Money Cases (1)
- Lanham Act (1)
- Lanham Trademark Protection Act (1)
- Michigan (1)
- Nondelegation doctrine (1)
- Novelty of policy (1)
- Political significance of a policy (1)
- Pure Food and Drug Act (1)
- Regulatory statutes (1)
- Rogers (Edward Sidney) (1)
- Shipwrecks (1)
- Statutory interpretation (1)
- Trademark law (1)
- Treaty override (1)
- Unfair competition (1)
- Vienna Convention on the Law of Treaties (VCLT) (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Is The Shipwreck I Found In Lake Michigan Mine? Great Lakes Shipwreck Legal Research Basics And Sources, Kincaid C. Brown
Is The Shipwreck I Found In Lake Michigan Mine? Great Lakes Shipwreck Legal Research Basics And Sources, Kincaid C. Brown
Law Librarian Scholarship
There have been approximately 6,000 shipwrecks claiming an estimated 30,000 lives in the Great Lakes and new shipwrecks continue to be located, such as the recently discovered Atlanta. There are many opportunities for divers, boaters, and other users of the Great Lakes to come across found and new shipwrecks. This article discusses the basic framework of federal, state, and other law governing these shipwrecks.
The New Major Questions Doctrine, Daniel Deacon, Leah Litman
The New Major Questions Doctrine, Daniel Deacon, Leah Litman
Law & Economics Working Papers
This article critically analyzes significant recent developments in the major questions doctrine. It highlights important shifts in what role the majorness of an agency policy plays in statutory interpretation, as well as changes in how the Court determines whether an agency policy is major. After the Supreme Court’s October 2021 term, the “new” major questions doctrine operates as a clear statement rule that directs courts not to discern the plain meaning of a statute using the normal tools of statutory interpretation, but to require explicit and specific congressional authorization for certain agency policies. Even broadly worded, otherwise unambiguous statutes do …
Edward S. Rogers, The Lanham Act, And The Common Law, Jessica Litman
Edward S. Rogers, The Lanham Act, And The Common Law, Jessica Litman
Book Chapters
This book chapter is a deep dive into the story of Edward Sidney Rogers's authorship of the legislation that became the Lanham Act. Because Rogers believed that Congress lacked the power to alter the substantive law of trademark and unfair competition, he crafted draft legislation that focused on registration and other procedural details rather than substantive rights and defenses. He sought to advance two incompatible goals: he hoped to preserve the robust common law of unfair competition while requiring, or at least encouraging, all trademark owners to register their marks. Both the supporters and the opponents of the bills that …
A Congressional Review Act For The Major Questions Doctrine, Christopher J. Walker
A Congressional Review Act For The Major Questions Doctrine, Christopher J. Walker
Articles
Last Term, the Supreme Court recognized a new major questions doctrine, which requires Congress to provide clear statutory authorization for an agency to regulate on a question of great economic or political significance. This new substantive canon of statutory interpretation will be invoked in court challenges to federal agency actions across the country, and it will no doubt spark considerable scholarly attention. This Essay does not wade into those doctrinal or theoretical debates. Instead, it suggests one way Congress could respond: by enacting a Congressional Review Act for the major questions doctrine. In other words, Congress could establish a fast-track …
The Dubious Constitutional Origins Of Treaty Overrides: A Response To Rosenbloom And Shaheen, Reuven Avi-Yonah
The Dubious Constitutional Origins Of Treaty Overrides: A Response To Rosenbloom And Shaheen, Reuven Avi-Yonah
Articles
In 1888, the Supreme Court decided a case called Whitney v. Robert- son, which is generally considered to be the source of the proposition that, under the Constitution, later-in-time statutes can override earlier treaties (the Rule). The Rule is highly controversial because it violates articles 26 and 27 of the Vienna Convention on the Law of Treaties (VCLT), which the United States has accepted as binding on it as cus- tomary international law (CIL). Despite that, the United States has since Whitney routinely engaged in treaty overrides, and the Court has repeatedly endorsed the Rule even while narrowing its application …