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Articles 31 - 47 of 47

Full-Text Articles in Law

(Native) American Exceptionalism In Federal Public Law, Philip P. Frickey Jan 2005

(Native) American Exceptionalism In Federal Public Law, Philip P. Frickey

Faculty Scholarship

In this Article, Professor Philip Frickey argues that in federal Indian law, the rule of law serves remarkably divergent purposes, justifying colonialism in the pursuit of constitutionalism. Because of its roots in this antinomy, federal Indian law has been remarkably incoherent. The Supreme Court has been increasingly troubled by not only the incoherence inside the field, but also the extent to which its doctrines deviate from general principles of American law. In fact, frustration with the intractability of the issues has recently led several Justices to propose that the Court should have not only the first say on sensitive issues ...


Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith Jan 2005

Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

This Article presents a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism. The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention ...


Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky Jan 2005

Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky

Faculty Scholarship

No abstract provided.


War, Responsibility, And The Age Of Terrorism, John Yoo Jan 2004

War, Responsibility, And The Age Of Terrorism, John Yoo

Faculty Scholarship

Discusses the various elements of the book "War and Responsibility," by John Hart Ely, with particular attention to the war on terrorism. Approach of the author both in his method of constitutional interpretation and substantive goals for the warmaking process; Views on whether Ely's approach produces the benefits it claims; Transformation of warfare and threats to the U.S. national security.


Principles To Guide The Office Of Legal Counsel, Walter E. Dellinger Iii, Christopher H. Schroeder, Dawn Johnsen, Randolph Moss, Joseph Guerra, Beth Nolan, Todd Peterson, Cornelia Pillar Jan 2004

Principles To Guide The Office Of Legal Counsel, Walter E. Dellinger Iii, Christopher H. Schroeder, Dawn Johnsen, Randolph Moss, Joseph Guerra, Beth Nolan, Todd Peterson, Cornelia Pillar

Faculty Scholarship

Former members of Office of Legal Counsel ("OLC") in the Department of Justice offer guidance for their successors. Among the document's recommendations are suggestions that the OLC "provide an accurate and honest appraisal of applicable law, even if that advice will constrain the administration’s pursuit of desired policies;" and "publicly disclose its written legal opinions in a timely manner, absent strong reasons for delay or nondisclosure."


The Origins Of Judicial Review, Saikrishna B. Prakash, John C. Yoo Jan 2003

The Origins Of Judicial Review, Saikrishna B. Prakash, John C. Yoo

Faculty Scholarship

Discusses the origins of judicial review in the U.S. Flaws of the assault on judicial review; Discussion of recurring arguments against judicial review; Widespread support for judicial review of state law.


The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer Jan 1998

The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer

Faculty Scholarship

In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department ...


The Continuation Of Politics By Other Means: The Original Understanding Of War Powers, John C. Yoo Jan 1996

The Continuation Of Politics By Other Means: The Original Understanding Of War Powers, John C. Yoo

Faculty Scholarship

No abstract provided.


The Dead Hand Of The Architect, Daniel A. Farber Jan 1995

The Dead Hand Of The Architect, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Foreword: Law As Equilibrium, William N. Eskridge, Philip P. Frickey Jan 1994

Foreword: Law As Equilibrium, William N. Eskridge, Philip P. Frickey

Faculty Scholarship

Evaluates the legal process related to public law in the U.S. Development of a tentative outline of a complex prescriptive framework for public law; Theoretical tensions between democratic values and the rule of law; Definition of law as equilibrium.


Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams Jan 1993

Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams

Faculty Scholarship

Discusses androcentrism and institutional reform in the military. Need to expose androcentism as a strategy for change; Courts' deference toward military policy.


Marshalling Past And Present: Colonialism, Constitutionalism, And Interpretation In Federal Indian Law, Philip P. Frickey Jan 1993

Marshalling Past And Present: Colonialism, Constitutionalism, And Interpretation In Federal Indian Law, Philip P. Frickey

Faculty Scholarship

Argues in defense of the federal Indian law in the U.S. Relevance of the law to colonialism and constitutionalism in the U.S. history; Efforts to mediate tensions between colonialism and constitutionalism; Quasi-constitutionalism by interpretation.


Rule Of Too Much Law? The New Safety/Soundness Rulemaking Responsibilities Of The Federal Banking Agencies, Lawrence G. Baxter Jan 1993

Rule Of Too Much Law? The New Safety/Soundness Rulemaking Responsibilities Of The Federal Banking Agencies, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


The President’S Powers As Commander-In-Chief Versus Congress’ War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne Jan 1988

The President’S Powers As Commander-In-Chief Versus Congress’ War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld Jan 1984

Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld

Faculty Scholarship

Analyzes the provisions of the fifth amendment of the U.S. Constitution related to the regulatory takings and just compensation for private properties in the 1980s. Decision on the supreme court case Pennsylvania Coal Co. v. Mahon; Regulation of lower courts on regulatory takings; Provisions on compensation as insurance against regulatory takings.


Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne Jan 1978

Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne

Faculty Scholarship

This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF


Federalism And The American Economic Order, 1789-1910, Harry N. Scheiber Jan 1975

Federalism And The American Economic Order, 1789-1910, Harry N. Scheiber

Faculty Scholarship

Discusses the historiography of political and legal aspects of the relationship between federalism and the economic order in the 19th century, emphasizing the role of the Supreme Court and issues in constitutional law.