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Articles 1 - 6 of 6

Full-Text Articles in Law

Original Intent And Article Iii, Michael L. Wells, Edward J. Larson Nov 1995

Original Intent And Article Iii, Michael L. Wells, Edward J. Larson

Scholarly Works

Article III of the United States Constitution sets limits on the ability of the legislature to expand or contract the jurisdiction of the federal courts. The Supreme Court has generally held that Article III's restraints on the power of the legislature to restrict the jurisdiction of the federal courts are few and extremely permissive. Many scholars, however, argue that Article III imposes some strong limitations on the legislature's ability to define federal jurisdiction. Strangely, both sides of the debate rely on originalist arguments. This Article argues that reliance on the Framers' intent to resolve issues of federal courts law is …


The Supreme Court's Land Use Decisions (Symposium - The Supreme Court And Local Government Law, 1993-94 Term), Leon D. Lazer Jan 1995

The Supreme Court's Land Use Decisions (Symposium - The Supreme Court And Local Government Law, 1993-94 Term), Leon D. Lazer

Scholarly Works

No abstract provided.


International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli Jan 1995

International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli

Scholarly Works

No abstract provided.


Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler Jan 1995

Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler

Articles & Chapters

No abstract provided.


The Four Doctrines Of Self-Executing Treaties, Carlos Manuel Vázquez Jan 1995

The Four Doctrines Of Self-Executing Treaties, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

A distinction has become entrenched in United States law between treaties that are "self-executing" and those that are not. The precise nature of this distinction--indeed, its very existence--is a matter of some controversy and much confusion. More than one lower federal court has pronounced the distinction to be the "most confounding" in the United States law of treaties. A tremendous amount of scholarship has sought to clarify this distinction, but the honest observer cannot but agree with John Jackson's observation that " [t]he substantial volume of scholarly writing on this issue has not yet resolved the confusion" surrounding it. The …


Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius Jan 1995

Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius

All Faculty Scholarship

This Article shall examine the characteristics of the current analytical framework by first examining some harmful effects resulting from the prioritization of fairness: excessive generalization, formalism and superficiality, and materialism. The Article will then examine in detail the Supreme Court's resolution of modern affirmative action issues. The Court has generated confusion and discord by applying simplistic concepts to complex problems and by adhering to the primacy of fairness in a context in which all interested parties claim that fairness favors their result. Finally, this Article will critique the Court's inability to provide a consistent doctrinal basis for discussing affirmative action …