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Articles 1 - 8 of 8

Full-Text Articles in Law

Coercing Adults: The Fourth Circuit And The Acceptability Of Religious Expression In Government Settings, Elizabeth B. Halligan Jul 2006

Coercing Adults: The Fourth Circuit And The Acceptability Of Religious Expression In Government Settings, Elizabeth B. Halligan

South Carolina Law Review

No abstract provided.


The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor Jul 2006

The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor

Law and Contemporary Problems

Shapiro and Steinzor apply the agency theory to the question of how much secrecy is too much. They use the theory to evaluate the impact of burgeoning secrecy in the likelihood that the executive branch officials will engage in faithful and forceful implementation of statutory materials, particularly in the arenas of protecting public health, safety, and natural resources.


Harry Potter And The Half-Crazed Bureaucracy, Benjamin H. Barton May 2006

Harry Potter And The Half-Crazed Bureaucracy, Benjamin H. Barton

Michigan Law Review

What would you think of a government that engaged in this list of tyrannical activities: tortured children for lying; designed its prison specifically to suck all life and hope out of the inmates; placed citizens in that prison without a hearing; ordered the death penalty without a trial; allowed the powerful, rich, or famous to control policy; selectively prosecuted crimes (the powerful. go unpunished and the unpopular face trumped-up charges); conducted criminal trials without defense counsel; used truth serum to force confessions; maintained constant surveillance over all citizens; offered no elections and no democratic lawmaking process; and controlled the press? …


Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew Sr Palmer Apr 2006

Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew Sr Palmer

Dalhousie Law Journal

This article assesses the comparative effectiveness of constitutional protection of indigenous rights in Canada and New Zealand using a perspective of "constitutional realism". The two constitutions offer a useful contrast of similar systems distinguished by distinctly contrasting directions over the past twentyfive years. The reality of Canadas constitutional development has seen more power accrue to the judicial branch of government. The reality of New Zealand's constitutional development has seen more power accrue to the political branches ofgovernment. The article considers the reality of the behaviour of these branches of government in each jurisdiction in relation to indigenous rights. It finds …


Citizen Access And Government Secrecy, Paul Haridakis Jan 2006

Citizen Access And Government Secrecy, Paul Haridakis

Saint Louis University Public Law Review

No abstract provided.


Personal Information In Government Records: Protecting The Public Interest In Privacy, Grayson Barber Jan 2006

Personal Information In Government Records: Protecting The Public Interest In Privacy, Grayson Barber

Saint Louis University Public Law Review

No abstract provided.


The Value Of Government Tort Liability: Washington State's Journey From Immunity To Accountability, Debra L. Stephens, Bryan P. Harnetiaux Jan 2006

The Value Of Government Tort Liability: Washington State's Journey From Immunity To Accountability, Debra L. Stephens, Bryan P. Harnetiaux

Seattle University Law Review

Part I of this Article traces Washington's history with the common law doctrine of government immunity from tort liability. It also identifies other distinct common law immunities protecting executive, legislative, and judicial functions-immunities that lay dormant during the reign of sovereign immunity. Part II discusses the legislature's broad waiver of sovereign immunity in 1961 and the legislature's subsequent reaffirmation of the waiver. It also notes isolated instances in which the legislature has partially restored immunity or otherwise limited tort liability. Part III addresses the development of case law interpreting the scope of government tort liability in light of the legislative …


Reviving Constitutionalism In Iraq: Key Provisions Of The Interim Constitution, His Excellency Feisal Amin Al-Istrabadi Jan 2006

Reviving Constitutionalism In Iraq: Key Provisions Of The Interim Constitution, His Excellency Feisal Amin Al-Istrabadi

NYLS Law Review

No abstract provided.