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Articles 1 - 5 of 5

Full-Text Articles in Law

Some Observations About The Turn Toward Federal Rulemaking In Health Law, John M. Griesbach Dec 2004

Some Observations About The Turn Toward Federal Rulemaking In Health Law, John M. Griesbach

Saint Louis University Law Journal

No abstract provided.


Regulating What’S Not Real: Federal Regulation In The Aftermath Of Ashcroft V. Free Speech Coalition, Kate Dugan Apr 2004

Regulating What’S Not Real: Federal Regulation In The Aftermath Of Ashcroft V. Free Speech Coalition, Kate Dugan

Saint Louis University Law Journal

No abstract provided.


Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins Mar 2004

Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins

University of Richmond Law Review

No abstract provided.


United States V. Bean: Shoveling After The Elephant., Pannal Alan Sanders Jan 2004

United States V. Bean: Shoveling After The Elephant., Pannal Alan Sanders

St. Mary's Law Journal

Over the years Congress has enacted and amended several versions of the United States Code (U.S.C) § 925(c). Several reported cases illustrate the courts’ early efforts to develop a coherent body of jurisprudence with respect to the procedural and substantive aspects of U.S.C. § 925(c) judicial review. Specifically, the § 925(c) denials of relief by the Director before the congressional appropriations ban commenced in 1993. Although the methodology and reasoning behind these decisions differ in their details, several themes are discernable. First, even without the express provisions for judicial review added by the Firearms Owners Protection Act (FOPA), courts consistently …


Every Day Is A Good Day For A Judge To Lay Down His Professional Life For Justice , Jack B. Weinstein Jan 2004

Every Day Is A Good Day For A Judge To Lay Down His Professional Life For Justice , Jack B. Weinstein

Fordham Urban Law Journal

This article discusses the notion that a judge’s obligation to obey precedent should, if circumstances require, be overridden in an effort to oppose gross injustices and violations. Even in the face of critisicim and outrage, judges, because of their intimate knowledge of the system and unique vantage point, have a duty to speak out against any law that they find morally repugnant and to expose injustices wherever they can. The article analyses the various actions that judges may take to avoid enforcing laws that they believe to be fundamentally unjust, including the option of resignation and the power of lower …