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A Truism That Isn't True? The Tenth Amendment And Executive War Power, D. A. Jeremy Telman Oct 2001

A Truism That Isn't True? The Tenth Amendment And Executive War Power, D. A. Jeremy Telman

Law Faculty Publications

The Tenth Amendment is invoked whenever congressional powers threaten the independent law-making power of the several states. In that context, however, the Tenth Amendment does not tell us very much. After all, if powers are not delegated to the federal government, where else would they go but to the states? Accordingly, the Supreme Court has dismissed the Amendment as a truism.

Although the Amendment is only deployed as a rather ineffectual check on congressional authority, it clearly applies to all branches of the federal government. However, according to the theory of inherent executive authority, certain powers are unique to the …


Setting The Record Straight: A Proposal For Handling Prosecutorial Appeals To Racial, Ethnic Or Gender Prejudice During Trial, Andrea Lyon Apr 2001

Setting The Record Straight: A Proposal For Handling Prosecutorial Appeals To Racial, Ethnic Or Gender Prejudice During Trial, Andrea Lyon

Law Faculty Publications

No abstract provided.


Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson Jan 2001

Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


Should We Read Carl Schmitt Today?, D. A. Jeremy Telman Jan 2001

Should We Read Carl Schmitt Today?, D. A. Jeremy Telman

Law Faculty Publications

No abstract provided.


"A Fascination Without Scruples": American Popular Culture And Its Corrosive Impact On The Law (Reviewing Richard K. Sherwin, When Law Goes Pop: The Vanishing Line Between Law And Popular Culture (2000))., Robert F. Blomquist Jan 2001

"A Fascination Without Scruples": American Popular Culture And Its Corrosive Impact On The Law (Reviewing Richard K. Sherwin, When Law Goes Pop: The Vanishing Line Between Law And Popular Culture (2000))., Robert F. Blomquist

Law Faculty Publications

No abstract provided.


Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz Jan 2001

Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz

Law Faculty Publications

No abstract provided.


American "Road Rage": A Scary And Tangled Cultural-Legal Pastiche, Robert F. Blomquist Jan 2001

American "Road Rage": A Scary And Tangled Cultural-Legal Pastiche, Robert F. Blomquist

Law Faculty Publications

No abstract provided.


Revamping Veil Piercing For All Limited Liability Entities: Forcing The Common Law Doctrine Into The Statutory Age, Rebecca J. Huss Jan 2001

Revamping Veil Piercing For All Limited Liability Entities: Forcing The Common Law Doctrine Into The Statutory Age, Rebecca J. Huss

Law Faculty Publications

No abstract provided.


Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles Jan 2001

Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles

Law Faculty Publications

No abstract provided.


Criminal Justice In The Supreme Court: A Review Of United States Supreme Court Criminal And Habeas Corpus Decisions (October 4, 1999 - October 1, 2000), Andrea Lyon Jan 2001

Criminal Justice In The Supreme Court: A Review Of United States Supreme Court Criminal And Habeas Corpus Decisions (October 4, 1999 - October 1, 2000), Andrea Lyon

Law Faculty Publications

No abstract provided.


Criminal Justice In The Supreme Court: A Review Of United States Supreme Court Criminal And Habeas Corpus Decisions (October 2, 2000 - September 30, 2001), Andrea Lyon Jan 2001

Criminal Justice In The Supreme Court: A Review Of United States Supreme Court Criminal And Habeas Corpus Decisions (October 2, 2000 - September 30, 2001), Andrea Lyon

Law Faculty Publications

No abstract provided.


Slowly Returning The "Special Needs" Doctrine To Its Roots, Steven R. Probst Jan 2001

Slowly Returning The "Special Needs" Doctrine To Its Roots, Steven R. Probst

Law Faculty Publications

No abstract provided.


State And Federal Constitutional Law Developments, Rosalie Levinson Jan 2001

State And Federal Constitutional Law Developments, Rosalie Levinson

Law Faculty Publications

No abstract provided.


The Ermine And Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, And Other Judicial Figures, David R. Cleveland, Jason Masimore Jan 2001

The Ermine And Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, And Other Judicial Figures, David R. Cleveland, Jason Masimore

Law Faculty Publications

No abstract provided.