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Full-Text Articles in Law

The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller Oct 1993

The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller

Law and Contemporary Problems

No abstract provided.


Editors’ Note Oct 1993

Editors’ Note

Law and Contemporary Problems

No abstract provided.


Foreword, Neal Devins Oct 1993

Foreword, Neal Devins

Law and Contemporary Problems

No abstract provided.


Disagreement And Interpretation, Robert F. Nagel Oct 1993

Disagreement And Interpretation, Robert F. Nagel

Law and Contemporary Problems

The question of what weight--if any--courts should give to elected government resistance to court decisions is examined. A principle is sought that explains why courts should not consider local resistance when deliberating on constitutional questions.


At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin Oct 1993

At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin

Law and Contemporary Problems

The suicide of the Deputy Counsel Vincent Foster focused new attention on the office of White House Counsel. The role of the counsel in constitutional policy is discussed.


The Lawmaking Congress, Roger H. Davidson Oct 1993

The Lawmaking Congress, Roger H. Davidson

Law and Contemporary Problems

General guidelines for understanding how the task of framing and reviewing constitutional issues is approached by senators and representatives in Congress are presented.


Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel Oct 1993

Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel

Law and Contemporary Problems

The confirmation process for Supreme Court justices is examined as a form of indirect constitutional interpretation by the Senate. Recent confirmation struggles are used as examples.


Black And White Images, John H. Garvey Oct 1993

Black And White Images, John H. Garvey

Law and Contemporary Problems

Whether the National Endowment for the Arts can control the content of speech that it pays for is a hard First Amendment question. The way in which Congress has tried to answer it is discussed.


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

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

Law and Contemporary Problems

Military exclusion policies have been challenged by straight women, gays and lesbians. Questions about the arguments and the institutional mechanisms through which change can best be achieved are discussed.


Voting Rights And The “Statutory Constitution”, Peter M. Shane Oct 1993

Voting Rights And The “Statutory Constitution”, Peter M. Shane

Law and Contemporary Problems

The appeal of regarding certain statutes as having constitutional status is discussed. The possibility that certain statutes may lay claim to expressing fundamental law in a way that entitles them to be included within the range of material relevant to constitutional interpretation is examined.


The Legislative Veto: Invalidated, It Survives, Louis Fisher Oct 1993

The Legislative Veto: Invalidated, It Survives, Louis Fisher

Law and Contemporary Problems

The Supreme Court's decision in "INS vs Chadha" is examined, and the origins of the legislative veto and its traditional place in the lawmaking process is discussed.


Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis Oct 1993

Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis

Law and Contemporary Problems

A model of institutional rational choice is presented to describe the actual practice of the separation of powers, and the model is illuminated by examining the accommodation in the foreign policy and war powers area and the manner in which it reflects the balance of interests among the branches.


Artists And Unconstitutional Conditions: The Big Bad Wolf Won’T Subsidize Little Red Riding Hood’S Indecent Art, Michael J. Elston Oct 1993

Artists And Unconstitutional Conditions: The Big Bad Wolf Won’T Subsidize Little Red Riding Hood’S Indecent Art, Michael J. Elston

Law and Contemporary Problems

Recent developments in the area of academic freedom and artistic expression are examined, considering First Amendment protection for artistic expression as well as the particular problem of government funding of the arts.


Journal Staff Oct 1993

Journal Staff

Law and Contemporary Problems

No abstract provided.


Congress, The Fcc, And The Search For The Public Trustee, Neal Devins Oct 1993

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Law and Contemporary Problems

The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting.


No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr. Jul 1993

No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr.

Law and Contemporary Problems

Prominent areas in which the US Supreme Court has denied equitable relief are examined, demonstrating the limited nature of equity's "triumph" in federal public law. The rationale behind the trend away from equity in such decisions is discussed.


“Cardozo’S Foot”: The Chancellor’S Conscience And Constructive Trusts, H. Jefferson Powell Jul 1993

“Cardozo’S Foot”: The Chancellor’S Conscience And Constructive Trusts, H. Jefferson Powell

Law and Contemporary Problems

The "chancellor's foot" is a term coined by English legal scholar John Selden for the argument that equity is an unjustified and unfortunate interference in the regular course of the rule of law. This issue is examined by focusing on a particular doctrine of equity, the constructive trust, and on a seminal figure in the development of the modern US understanding of constructive trusts, Benjamin Cardozo.


Constitutional Equity And The Innovative Tradition, William T. Quillen Jul 1993

Constitutional Equity And The Innovative Tradition, William T. Quillen

Law and Contemporary Problems

It is argued that the court's status as a general equity court with constitutionally vested jurisdiction has benefitted the legal system. The Delaware court of chancery is an example of an equity court that resolves complex disputes expeditiously and lets the litigants move on.


The Triumph Of Equity, Douglas Laycock Jul 1993

The Triumph Of Equity, Douglas Laycock

Law and Contemporary Problems

It is argued that the equitable remedies of injunction and specific performance have become routine in many legal contexts. This claim is supported by an overview of the contributions of equity to remedies, procedure and substantive law and to contemporary attitudes toward discretion and formalism.


The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow Jul 1993

The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow

Law and Contemporary Problems

In Australia, as in the US, the injunction is rapidly losing its character as an extraordinary equitable remedy. Provisions in Australian constitutional law that pertain to the law of injunctions are discussed.


“It’S Just Not Right”: The Ethics Of Insider Trading, Kim Lane Scheppele Jul 1993

“It’S Just Not Right”: The Ethics Of Insider Trading, Kim Lane Scheppele

Law and Contemporary Problems

The Supreme Court doctrine defining insider trading and a competing theory called the misappropriation theory are criticized, focusing on the case of "United States vs Chestman." A counter-argument is presented.


Professor Scheppele’S Middle Way: On Minimizing Normativity And Economics In Securities Law, William T. Allen Jul 1993

Professor Scheppele’S Middle Way: On Minimizing Normativity And Economics In Securities Law, William T. Allen

Law and Contemporary Problems

No abstract provided.


Death By Default, James Lindgren Jul 1993

Death By Default, James Lindgren

Law and Contemporary Problems

It is argued that most people would prefer that their lives not be artificially prolonged and that, in the absence of evidence that a particular person would have preferred otherwise, courts should permit life support to be withdrawn. A counter argument is presented.


Defining The Right To Die, David M. English Jul 1993

Defining The Right To Die, David M. English

Law and Contemporary Problems

No abstract provided.


Journal Staff Jul 1993

Journal Staff

Law and Contemporary Problems

No abstract provided.


Foreword, William A. Reppy Jr. Apr 1993

Foreword, William A. Reppy Jr.

Law and Contemporary Problems

No abstract provided.


Remember The Alamo[Ny]! The Unique Texas Ban On Permanent Alimony And The Development Of Community Property Law, James W. Paulsen Apr 1993

Remember The Alamo[Ny]! The Unique Texas Ban On Permanent Alimony And The Development Of Community Property Law, James W. Paulsen

Law and Contemporary Problems

No abstract provided.


Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight Apr 1993

Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight

Law and Contemporary Problems

A senselessly rigid interpretation of a provision in the Texas consititution referring to a married woman's separate property has hampered development of community property law. The state's addressing of this issue is discussed.


Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham Apr 1993

Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham

Law and Contemporary Problems

The systems that have been created in community property states to address the management of various types of community property are surveyed, and an optimal managment system for marital property is recommended.


Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews Apr 1993

Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews

Law and Contemporary Problems

The characterization of the rents, issues and profits from separate property brought into or acquired during marriage is discussed. There has been no comprehensive treatment of this issue in community property case law and literature in recent years.