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Articles 1 - 12 of 12

Full-Text Articles in Law

Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod Jan 2020

Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod

Articles & Chapters

Available at https://www.harvard-jlpp.com/


Statutory Junk, David Schoenbrod Jan 2017

Statutory Junk, David Schoenbrod

Articles & Chapters

Much as “space junk”—the debris that past space missions have left in earth’s orbit—can disable a current space mission, obsolete statutory commands that Congress has left on the books can keep an administrative agency from accomplishing its current mission. This statutory junk has proliferated in recent decades because Congress has shifted from giving agencies open-ended authority to commanding them in exacting detail, but often fails to revise these commands after changing circumstances have made the old commands perverse. Congress fails because, contrary to the suppositions of some law professors, this delegation allows legislators to shift blame to the agency for …


Estate Of Pew V. Cardarelli, Natallia Krauchuk Jan 2010

Estate Of Pew V. Cardarelli, Natallia Krauchuk

NYLS Law Review

No abstract provided.


Where’S The Penalty Flag? The Unauthorized Practice Of Law, The Ncaa, And Athletic Compliance Directors, Megan Fuller Jan 2009

Where’S The Penalty Flag? The Unauthorized Practice Of Law, The Ncaa, And Athletic Compliance Directors, Megan Fuller

NYLS Law Review

No abstract provided.


“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Pairs Thirteen To Sixteen, Michael Sinclair Jan 2008

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Pairs Thirteen To Sixteen, Michael Sinclair

NYLS Law Review

No abstract provided.


Only A Sith Thinks Like That: Llewellyn's Dueling Canons, Eight To Twelve, Michael B.W. Sinclair Jan 2007

Only A Sith Thinks Like That: Llewellyn's Dueling Canons, Eight To Twelve, Michael B.W. Sinclair

Articles & Chapters

In this, the second installment in a series of articles planned to examine each of the twenty eight pairs of "dueling canons" having opposite effect left to us in 1950 by Karl N. Llewellyn (Karl N. Llewellyn, "Remarks on the Theory of Appellate Decision and the Rules or Canons About How Statutes Are to Be Construed", 3 VANDERBILT L.REV. 395 (1950)), I examine pairs 8 through 12. I start with Pair 12, Llewellyn's formulation of the Plain Meaning Rule; it is not so much a canon of construction as a condition on construction: unless one or both of its conditions …


People V. Campbell, Winston Richmond Brownlow Jan 2007

People V. Campbell, Winston Richmond Brownlow

NYLS Law Review

No abstract provided.


“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair Jan 2006

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair

NYLS Law Review

No abstract provided.


Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair Jan 2006

Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.


The Material Witness Statute Post September 11: Why It Should Not Include Grand Jury Witnesses, Robert Boyle Jan 2004

The Material Witness Statute Post September 11: Why It Should Not Include Grand Jury Witnesses, Robert Boyle

NYLS Law Review

No abstract provided.


The Proper Treatment Of "Interpretative Choice" In Statutory Decision-Making, Michael B.W. Sinclair Jan 2002

The Proper Treatment Of "Interpretative Choice" In Statutory Decision-Making, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.


Supreme Court, Plain Meaning, And The Changed Rules Of Evidence, Randolph N. Jonakait Jan 1990

Supreme Court, Plain Meaning, And The Changed Rules Of Evidence, Randolph N. Jonakait

Articles & Chapters

No abstract provided.