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Articles 1 - 3 of 3
Full-Text Articles in Law
State And Federal Constitutional Law Developments, Rosalie Levinson
State And Federal Constitutional Law Developments, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Separation Of Powers And The 1995-1996 Budget Impasse, Henry L. Chambers, Jr.
Separation Of Powers And The 1995-1996 Budget Impasse, Henry L. Chambers, Jr.
Law Faculty Publications
Separation of powers doctrine will have implications for any budget regime which contemplates explicit power sharing. This Article examines the possible separation of power pitfalls which threaten to undermine the emergence of a relatively healthy new budget regime and the creative mechanisms necessary to make that regime work. The Constitution does not provide many explicit instructions regarding the federal budgeting process. Thus, whether a particular budget arrangement is a good one requires a largely political analysis. Whether a particular budget arrangement is constitutional must be answered by the Supreme Court. On what basis the Court should make such a decision, …
Getting It Right: Uncertainty And Error In The New Disparate Treatment Paradigm, Henry L. Chambers, Jr.
Getting It Right: Uncertainty And Error In The New Disparate Treatment Paradigm, Henry L. Chambers, Jr.
Law Faculty Publications
This Article will explore whether the Court is getting it right or merely getting it done in the disparate treatment context. Part II of this Article will present the contradictory forces underlying getting it done and getting it right in the civil justice system in general, and in employment discrimination litigation in particular. Part III will explore the orthodoxy of disparate treatment law as it stands after Hicks. Part IV will examine the effect of abandoning the paradigm that proof of falsity is proof of intentional discrimination. Part V will offer suggestions on what the Court can do to make …