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The Constitutional Nature Of The United States Tax Court, Brant J. Hellwig
The Constitutional Nature Of The United States Tax Court, Brant J. Hellwig
Scholarly Articles
Is the United States Tax Court part of the Executive Branch of government? One would expect that question would be capable of being definitively answered without considerable difficulty. And as recently expressed by the Court of Appeals for the District of Columbia Circuit, that indeed is the case. In the course of addressing a challenge to the President's ability to remove a judge of the Tax Court for cause on separation of powers grounds, the D.C. Circuit rejected the premise that the removal power implicates two branches of government: "the Tax Court exercises Executive authority as part of the Executive …
Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock
Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock
Scholarly Articles
Restitution may be a casualty in a collision with the constitutional law of standing. Article III is traditionally said to require an “injury in fact” for standing to be a plaintiff in federal court. Edwards, who alleges that First American paid a bribe or kickback in violation of the federal Real Estate Settlement Procedures Act, seeks to recover the statutory penalty. Defendant argues that even if it violated the Act, Edwards suffered no “injury in fact.” Our amicus brief in support of Edwards alerts the Supreme Court to the many restitutionary claims either for a wrongdoer’s profits or to set …
Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun
Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun
Scholarly Articles
Professor Geoffrey Stone’s Essay, The World of the Framers: A Christian Nation?, seeks to state “the truth about . . . what [the Framers] believed, and about what they aspired to when they created this nation.” Doing so will accomplish Professor Stone’s main objective, helping us to understand what “the Constitution allows” on a host of controversial public policy issues. Regrettably, Professor Stone’s effort is unsuccessful. Although he clearly tried to be fair in his historical account, the Essay ultimately presents a misleading view of the Framers’ perspective on the proper relationship between religion and the state.
California V. Greenwood, Lewis F. Powell Jr.
California V. Greenwood, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Honig V. Doe, Lewis F. Powell Jr.
United States V. Johnson, Lewis F. Powell Jr.
United States V. Johnson, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Colorado V. Bertine, Lewis F. Powell Jr.
Colorado V. Bertine, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Illinois V. Krull, Lewis F. Powell Jr.
Arizona V. Hicks, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Nollan V. California Coastal Commission, Lewis F. Powell Jr.
Nollan V. California Coastal Commission, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bowen V. Gilliard, Lewis F. Powell Jr.
United States V. Paradise, Lewis F. Powell Jr.
United States V. Paradise, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
California V. Ciraolo, Lewis F. Powell Jr.
California V. Ciraolo, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New York V. Class, Lewis F. Powell Jr.
National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr.
National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Tennessee V. Garner, Lewis F. Powell Jr.
Tennessee V. Garner, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Sharpe, Lewis F. Powell Jr.
United States V. Sharpe, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Winston V. Lee, Lewis F. Powell Jr.
United States V. Hensley, Lewis F. Powell Jr.
United States V. Hensley, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New Jersey V. T.L.O., Lewis F. Powell Jr.
New Jersey V. T.L.O., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
City Of Cleburne, Texas V. Cleburne Living Center Inc., Lewis F. Powell Jr.
City Of Cleburne, Texas V. Cleburne Living Center Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
School Committee Of The Town Of Burlington V. Department Of Education Of Massachusetts, Lewis F. Powell Jr.
School Committee Of The Town Of Burlington V. Department Of Education Of Massachusetts, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Montana V. Blackfeet Tribe Of Indians, Lewis F. Powell Jr.
Montana V. Blackfeet Tribe Of Indians, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Oliver V. United States, Lewis F. Powell Jr.
Oliver V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Michigan V. Clifford, Lewis F. Powell Jr.
Michigan V. Clifford, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Welsh V. Wisconsin, Lewis F. Powell Jr.
Welsh V. Wisconsin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Patton V. Yount, Lewis F. Powell Jr.
Kirkpatrick V. Christian Home Of Abilene, Lewis F. Powell Jr.
Kirkpatrick V. Christian Home Of Abilene, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Solem V. Bartlett, Lewis F. Powell Jr.