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Full-Text Articles in Law

Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown Jun 2021

Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown

William & Mary Bill of Rights Journal

Building on the work of administrative law scholars who have identified and illuminated the several components of the problem over the years, this Article will seek to show what has happened when a cluster of separate circumstances have come together to create a new and serious threat to individual liberty when the President exercises expansive delegated authority. Several doctrinal components lead to this confluence: First, the moribund “intelligible principle” test has evolved to provide little or no constraint on this or any other delegation. Second, a delegation to the President, specifically, is not subject to the procedural requirements of the …


Understanding The Spirit Of The Constitution On Corruption: Emoluments, Impeachment, And The Primacy Of Political Virtue, Lea Mano Jun 2020

Understanding The Spirit Of The Constitution On Corruption: Emoluments, Impeachment, And The Primacy Of Political Virtue, Lea Mano

William & Mary Bill of Rights Journal

No abstract provided.


Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland Mar 2011

Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland

William & Mary Bill of Rights Journal

Enforcing federalism is most commonly thought to involve the search for a
constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution’s commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress
has exceeded its authority in reenacting the Voting Rights Act’s preclearance requirements. …


Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane Oct 2007

Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane

William & Mary Bill of Rights Journal

No abstract provided.


Reaching Out To The Rule Of Law: China's Continuing Efforts To Develop An Effective Environmental Law Regime, Richard J. Ferris, Hongjun Zhang Feb 2003

Reaching Out To The Rule Of Law: China's Continuing Efforts To Develop An Effective Environmental Law Regime, Richard J. Ferris, Hongjun Zhang

William & Mary Bill of Rights Journal

No abstract provided.


Introduction To The Symposium: The Rule Of Law Of China, Lan Cao Feb 2003

Introduction To The Symposium: The Rule Of Law Of China, Lan Cao

William & Mary Bill of Rights Journal

No abstract provided.


Environmental Law With Chinese Characteristics, Eric W. Orts Feb 2003

Environmental Law With Chinese Characteristics, Eric W. Orts

William & Mary Bill of Rights Journal

No abstract provided.


Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola Feb 2003

Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola

William & Mary Bill of Rights Journal

No abstract provided.


The U.S.-China Rule Of Law Initiative, Paul Gewirtz Feb 2003

The U.S.-China Rule Of Law Initiative, Paul Gewirtz

William & Mary Bill of Rights Journal

No abstract provided.


Civil Rights And Civil Liberties: Whose "Rule Of Law"?, William W. Van Alstyne Feb 2003

Civil Rights And Civil Liberties: Whose "Rule Of Law"?, William W. Van Alstyne

William & Mary Bill of Rights Journal

No abstract provided.