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Articles 1 - 30 of 35
Full-Text Articles in Law
Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan
Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan
Research Collection Yong Pung How School Of Law
A strong reciprocal relationship has existed between Singapore Company Law (SCL) and the economy since Independence in 1965. Swift Parliamentary responses to economic events and successful implementation of Government policies has made it possible to clearly attribute cause and effect to statutory amendments and economic events in turn, proving the reciprocal relationship between the two. The first theme of this article seeks to explain the fundamental characteristics of SCL that have resulted in such an unusually strong reciprocal relationship: (1) Autochthonous nature of SCL; (2) Responsive nature of legislation; and (3) Government control at multiple levels of implementation. The second …
Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee
Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee
All Faculty Scholarship
This article argues that administrative agencies have been primary interpreters and implementers of the federal Constitution throughout the history of the United States, although the scale and scope of this "administrative constitutionalism" has changed significantly over time as the balance of opportunities and constraints has shifted. Courts have nonetheless cast an increasingly long shadow over the administered Constitution. In part, this is because of the well-known expansion of judicial review in the 20th century. But the shift has as much to do with changes in the legal profession, legal theory, and lawyers’ roles in agency administration. The result is that …
Faithful Execution And Article Ii, Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman
Faithful Execution And Article Ii, Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman
Faculty Scholarship
Article II of the U.S. Constitution twice imposes a duty of faithful execution on the President, who must "take Care that the Laws be faithfully executed" and take an oath or affirmation to 'faithfully execute the Office of President." These Faithful Execution Clauses are cited often, but their background and original meaning have never been fully explored. Courts, the executive branch, and many scholars rely on one or both clauses as support for expansive views of presidential power, for example, to go beyond standing law to defend the nation in emergencies; to withhold documents from Congress or the courts; or …
Commencements Over The Years, Pamela G. Smith
Commencements Over The Years, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Issa Tanimura, Pamela G. Smith
Issa Tanimura, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Why Didn't The Common Law Follow The Flag?, Christian Burset
Why Didn't The Common Law Follow The Flag?, Christian Burset
Journal Articles
This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British …
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
American lawyers and law professors commonly turn to the New Deal for insights into the law and politics of today’s administrative state. Usually, they have looked to agencies created in the 1930s that became the foundation of the postwar political order. Some have celebrated these agencies; others have deplored them as the core of an elitist, antidemocratic Deep State. This article takes a different tack by studying the Federal Communications Commission, an agency created before the New Deal. For most of Franklin D. Roosevelt’s first two presidential terms, the FCC languished within the “Shallow State,” bossed about by patronage-seeking politicians, …
Another Look At Students Studying Over The Years, Pamela G. Smith
Another Look At Students Studying Over The Years, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Lewis Katz Hall Dedication, Pamela G. Smith
Lewis Katz Hall Dedication, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Kegs In The Curtilage, Pamela G. Smith
Kegs In The Curtilage, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Alfred Nevin, The Law School's First Student, Pamela G. Smith
Alfred Nevin, The Law School's First Student, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
April 1, 1834, Pamela G. Smith
April 1, 1834, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
The Curtilage, Pamela G. Smith
The Curtilage, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Woolsack Honor Society, Pamela G. Smith
Woolsack Honor Society, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
The Honorable Sylvia H. Rambo, Pamela G. Smith
The Honorable Sylvia H. Rambo, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dickinson Law's First Female Students, Pamela G. Smith
Dickinson Law's First Female Students, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Black Law Students Association (Blsa), Pamela G. Smith
Black Law Students Association (Blsa), Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dickinson Law: Articles Of Incorporation, Pamela G. Smith
Dickinson Law: Articles Of Incorporation, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dale And Mary Ann Shugart, Pamela G. Smith
Dale And Mary Ann Shugart, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Clarence Muse, Pamela G. Smith
Clarence Muse, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dickinson Law Review, Pamela G. Smith
Dickinson Law Review, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
John Reed's Advertisement, Pamela G. Smith
John Reed's Advertisement, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
John Reed: Dickinson Law's Founder, Pamela G. Smith
John Reed: Dickinson Law's Founder, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Burton R. Laub: Dickinson Law's Fourth Dean, Pamela G. Smith
Burton R. Laub: Dickinson Law's Fourth Dean, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Islam In The Mind Of American State Courts: 1960 To 2001, Marie Failinger
Islam In The Mind Of American State Courts: 1960 To 2001, Marie Failinger
Faculty Scholarship
This project reviews how American state courts portrayed Islam and Muslims from 1960 until September 11, 2001. The purpose of this project is not to construct some overarching theoretical framework to explain American social and legal views of Islam and Muslims, though I will necessarily interpret what the cases say to some extent. Given the lengthy time period involved, the number of cases in which Muslims or Islam are referenced, and the fact that these cases come from many states, it seemed prudent to defer to others who have constructed critiques of the way American law as a whole has …
The Football As Intellectual Property Object, Michael J. Madison
The Football As Intellectual Property Object, Michael J. Madison
Book Chapters
The histories of technology and culture are filled with innovations that emerged and took root by being shared widely, only to be succeeded by eras of growth framed by intellectual property. The Internet is a modern example. The football, also known as the pelota, ballon, bola, balón, and soccer ball, is another, older, and broader one. The football lies at the core of football. Intersections between the football and intellectual property law are relatively few in number, but the football supplies a focal object through which the great themes of intellectual property have shaped the game: origins; innovation and …
Fallen Woman (Re) Frame: Judge Jean Hortense Norris, New York City - 1912-1955, Mae C. Quinn
Fallen Woman (Re) Frame: Judge Jean Hortense Norris, New York City - 1912-1955, Mae C. Quinn
Journal Articles
No abstract provided.
Beyond The Borders Of The Law: Critical Legal Histories Of The North American West (Book Review), Michael S. Ariens
Beyond The Borders Of The Law: Critical Legal Histories Of The North American West (Book Review), Michael S. Ariens
Faculty Articles
No abstract provided.
Equity, Samuel L. Bray
Equity, Samuel L. Bray
Book Chapters
How has equity been received in the United States? Two themes stand out. One is that of ‘nice adjustment’: the case-specific adjustment of legal rules to avoid the harsh results of applying rules to unforeseen circumstances. The second is the idea of judicial command: ordering the particular defendant in the circumstances to do equity without contradicting the common law. While the former has waned in the US, the latter has overly strengthened. The reasons of legal culture are discussed.
Revisionist History? Responding To Gun Violence Under Historical Limitations, Michael Ulrich
Revisionist History? Responding To Gun Violence Under Historical Limitations, Michael Ulrich
Faculty Scholarship
In the D.C. Circuit case Heller v. District of Columbia (Heller II), Judge Kavanaugh wrote that “Heller and McDonald leave little doubt that courts are to assess gun bans and regulations based on text, history, and tradition, not by a balancing test such as strict or intermediate scrutiny.” Now Justice Kavanaugh, will he find support on the highest court for what was then a dissenting view? Chief Justice Roberts, during oral arguments for Heller I, asked “Isn’t it enough to…look at the various regulations that were available at the time…and determine how these—how this restriction and the scope of this …