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Full-Text Articles in Law

The Myth Of Context In Politics And Law, Anita Krug Apr 1997

The Myth Of Context In Politics And Law, Anita Krug

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Visions of group-based rights in political and legal theory strive to be both antiessentialist and antiuniversalist. They reject an essentialist view of the self — a view that there is a single experience common to all persons composing, for example, a particular ethnic, racial, or gender group — on the basis that a person’s identity is context-based and contingent, and cannot be defined solely by such factors as race or gender. They also reject the universalist notion of an abstract equality of persons that is at the basis of traditional conceptions of individual rights. In short, group rights are based …


Comment On Maccormick, William Ewald Jan 1997

Comment On Maccormick, William Ewald

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No abstract provided.


Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank Jan 1997

Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank

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No abstract provided.


The Unanimity Norm In Delaware Corporate Law, David A. Skeel Jr. Jan 1997

The Unanimity Norm In Delaware Corporate Law, David A. Skeel Jr.

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No abstract provided.


The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo Jan 1997

The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo

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Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress’s authority to employ devices such as special counsels and independent agencies to restrict the President’s control over the administration of the law. The initial debate focused on whether the Constitution rejected the “executive by committee” employed by the Articles of the Confederation in favor of a “unitary executive,” in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features …


Public Choice And The Future Of Public-Choice-Influenced Scholarship, David A. Skeel Jr. Jan 1997

Public Choice And The Future Of Public-Choice-Influenced Scholarship, David A. Skeel Jr.

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No abstract provided.


Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang Jan 1997

Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang

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No abstract provided.