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Full-Text Articles in Law
Comments On Standards Of Judicial Review, William W. Van Alstyne
Comments On Standards Of Judicial Review, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Apartheid And The South African Judiciary, Lawrence G. Baxter
Apartheid And The South African Judiciary, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
The Case For Limiting Judicial Review Of Labor Board Certification Decisions, Michael C. Harper
The Case For Limiting Judicial Review Of Labor Board Certification Decisions, Michael C. Harper
Faculty Scholarship
Part I of this Article explains in more technical detail the effects of the present system of judicial review of Board certification decisions and how that system developed. Part II argues that this review should be sharply curtailed, suggesting that unless a court is able to rule that the Board has rendered a certification decision for an improper motive, it should reconsider that decision only to the extent it involves a constitutional issue, a narrow jurisdictional issue, or one of a few bounded technical issues. Such a curtailment of review should be embraced by all who remain sympathetic to the …
Constitutional Decisions And The Supreme Law, Kent Greenawalt
Constitutional Decisions And The Supreme Law, Kent Greenawalt
Faculty Scholarship
What status do Supreme Court decisions have for officials in the political branches of our government? Six months ago, Attorney General Edwin Meese III rekindled controversy over this enduring and troublesome question when he claimed in a widely reported lecture that Supreme Court decisions interpreting the Constitution are not the supreme law of the land, and are properly subject to forms of opposition by other governmental officials. The general reaction to the speech was that it was meant to reduce the perceived authority of Supreme Court opinions, and a close reading of the speech certainly leaves this impression. Yet, even …