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Articles 1 - 8 of 8

Full-Text Articles in Law

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson Jan 1988

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

Articles

No abstract provided.


Economic Union As A Constitutional Value, Richard B. Collins Jan 1988

Economic Union As A Constitutional Value, Richard B. Collins

Articles

Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine ...


The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel Jan 1988

The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel

Articles

No abstract provided.


Independent Counsel And The Constitution, Harold H. Bruff Jan 1988

Independent Counsel And The Constitution, Harold H. Bruff

Articles

No abstract provided.


Some Modest Proposals On The Vice-Presidency, Richard D. Friedman Jan 1988

Some Modest Proposals On The Vice-Presidency, Richard D. Friedman

Articles

There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is ...


Rights Discourse And Neonatal Euthanasia, Carl E. Schneider Jan 1988

Rights Discourse And Neonatal Euthanasia, Carl E. Schneider

Articles

Hard cases, they say, make bad law. Hard cases, we know, can also make revealing law. Hard cases identify the problems we have not found a way of solving. They reveal ways the law's goals conflict. They force us to articulate our assumptions and to examine our modes of discourse and reasoning. If there was ever a hard case for the law, it is the question of whether, how, and by whom it should be decided to allow newborn children who are severely retarded mentally or severely damaged physically to die. For many years, the law has not had ...


Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches Jan 1988

Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches

Articles

No abstract provided.


Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag Jan 1988

Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag

Articles

No abstract provided.