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Full-Text Articles in Law
The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh
The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh
Michigan Law Review
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English …
"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech, Brooke Goldstein, Aaron Eitan Meyer
"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech, Brooke Goldstein, Aaron Eitan Meyer
ILSA Journal of International & Comparative Law
Lawfare is usually defined as the use of the law as a weapon of war' or the pursuit of strategic aims through aggressive legal maneuvers.
Arms For Their Defence - An Historical, Legal And Textual Analysis Of The English Right To Have Arms And Whether The Second Amendment Should Be Incorporated In Mcdonald V. City Of Chicago , Patrick J. Charles
Arms For Their Defence - An Historical, Legal And Textual Analysis Of The English Right To Have Arms And Whether The Second Amendment Should Be Incorporated In Mcdonald V. City Of Chicago , Patrick J. Charles
Cleveland State Law Review
This Article analyzes the arguments Individual Rights Scholars have made concerning the right to have arms and their influence on Supreme Court decisions regarding gun control. The author compares these arguments with historical English gun control laws to show that there is a misunderstanding between the idea that gun ownership rights have always been protected by government.