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1993

Law and Contemporary Problems

Interpretation and construction

Articles 1 - 8 of 8

Full-Text Articles in Law

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.


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.


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.


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.


Foreword, Neal Devins Oct 1993

Foreword, Neal Devins

Law and Contemporary Problems

No abstract provided.


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.


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.


Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter Jan 1993

Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter

Law and Contemporary Problems

It is argued that the "fiduciary" duty being claimed by banking regulators against depository institutions arising out of the S&L scandal is actually a distinct statutory duty.