Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 16 of 16
Full-Text Articles in Law
Excavating The Forgotten Suspension Clause, Helen Norton
Excavating The Forgotten Suspension Clause, Helen Norton
Publications
No abstract provided.
Comparative Reflections On Duncan V. Louisiana And Baldwin V. New York, William Pizzi
Comparative Reflections On Duncan V. Louisiana And Baldwin V. New York, William Pizzi
Publications
No abstract provided.
The President And Congress: Separation Of Powers In The United States Of America, Harold H. Bruff
The President And Congress: Separation Of Powers In The United States Of America, Harold H. Bruff
Publications
Although the framers of the Australian Constitution adopted many features of the United States Constitution, they rejected the separation of legislative and executive power in favour of responsible government in a parliamentary system like that of the United Kingdom. In doing so, Australians depended on existing conventions about the nature of responsible government instead of specification of its attributes in constitutional text. The United States Constitution contains detailed provisions about separation of powers, but unwritten conventions have produced some central features of American government. This article reviews conventions developed by Congress that constrain Presidents in the domestic sphere with regard …
Beyond Interpretation, Pierre Schlag
Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser
Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser
Publications
In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …
Nineteenth-Century Orthodoxy, Richard B. Collins
Takings And Retroactivity, Jan G. Laitos
Takings And Retroactivity, Jan G. Laitos
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages.
Contains references.
Voice In Government: The People, Emily Calhoun
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Publications
No abstract provided.
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Publications
No abstract provided.
Forgetting The Constitution, Robert F. Nagel
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Publications
No abstract provided.
Presidential Power And Administrative Rulemaking, Harold H. Bruff
Presidential Power And Administrative Rulemaking, Harold H. Bruff
Publications
No abstract provided.
Judicial Immunity And Sovereignty, Robert F. Nagel
Developments In The Law Of Coerced Confessions, Howard Klemme
Developments In The Law Of Coerced Confessions, Howard Klemme
Publications
No abstract provided.
Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme
Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme
Publications
No abstract provided.