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Articles 1 - 7 of 7

Full-Text Articles in Law

The Executive Branch And International Law, Arthur M. Weisburd Nov 1988

The Executive Branch And International Law, Arthur M. Weisburd

Vanderbilt Law Review

Public international law, through its rules regulating the dealings between independent nations, purports to impose limits on the actions of all governments, including those of the United States. In this context American lawyers interested in foreign relations may reasonably wonder whether American courts would enforce rules of public international law purporting to bind the United States against the United States government, particularly the executive branch. A fair number of Supreme Court cases have dealt with the enforce ability of treaties in American courts.' Treaties, however, are only one source of international law. The other important source, customary international law, is …


The Process Of Decision-Making In Tribal Courts, Tom Tso Jun 1988

The Process Of Decision-Making In Tribal Courts, Tom Tso

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.


Judicial Vigilantism: Inherent Judicial Authority To Appoint Contempt Prosecutors In Young V. United States Ex Rel Vuitton Et Fils S.A., Neal Devins, Steven J. Mulroy Jan 1988

Judicial Vigilantism: Inherent Judicial Authority To Appoint Contempt Prosecutors In Young V. United States Ex Rel Vuitton Et Fils S.A., Neal Devins, Steven J. Mulroy

Kentucky Law Journal

No abstract provided.


Independent Counsel And The Constitution, Harold H. Bruff Jan 1988

Independent Counsel And The Constitution, Harold H. Bruff

Publications

No abstract provided.


Misuse Of Separation Of Powers Theory In Cases Outside The System Of Freedom Of Expression, Melvyn R. Durchslag Jan 1988

Misuse Of Separation Of Powers Theory In Cases Outside The System Of Freedom Of Expression, Melvyn R. Durchslag

Case Western Reserve Law Review

No abstract provided.


Independent Counsels Under The Ethics In Government Act Of 1978: A Violation Of The Separation Of Powers Doctrine Or An Essential Check On Executive Power?, Alexander I. Tachmes Jan 1988

Independent Counsels Under The Ethics In Government Act Of 1978: A Violation Of The Separation Of Powers Doctrine Or An Essential Check On Executive Power?, Alexander I. Tachmes

University of Miami Law Review

No abstract provided.


Law Enforcement And The Separation Of Powers, Gerard V. Bradley Jan 1988

Law Enforcement And The Separation Of Powers, Gerard V. Bradley

Journal Articles

The underlying theory and internal coherence of separation of powers is examined. It is noted that the classic rationale for the separation of power is to prevent tyranny by placing execution of the laws in hands independent from those of the legislature. The author summarizes various opinions that contradict this rationale. For example, Synar stated that the legislature and the Executive were directly accountable to the people if they neglected interbranch checks between them. The separation of powers theory, which justifies the claimed enforcement prerogative, is examined from a constitutional perspective. The author also reports on the consequences of federalism. …