Law Commons^™

Introduction: How Can Property Be Political?, Zev Trachtenberg

Oklahoma Law Review

No abstract provided.

An Oklahoma Slant To Environmental Protection And The Politics Of Property Rights, Drew L. Kershen

Oklahoma Law Review

No abstract provided.

The Public Interest In Private Property Rights, James L. Huffman

Oklahoma Law Review

No abstract provided.

The Politics Of Property Rights, John D. Echeverria

Oklahoma Law Review

No abstract provided.

The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht

LLM Theses and Essays

The aim of this thesis is to determine whether the dispute settlement institutions of the WTO and the NAFTA meet the standard, to compare the two systems, and to evaluate them. An issue that should be dealt with first is the question of comparability. Is it possible to compare the WTO and the NAFTA regarding their conflict resolution procedures? Or are they too different because one agreement works on the global level and the other on a regional one? Their institutions and their scope may differ, but they are still conducive to comparison because the underlying structure of these two …

Politics, Economics And Human Rights In International Cooperation: A Public Discourse In Germany, 31 J. Marshall L. Rev. 171 (1997), Gabriel Von Malsen-Tilborch

UIC Law Review

No abstract provided.

On Difference And Equality, Cynthia V. Ward

Faculty Publications

No abstract provided.

The "Chief Executive" And The Quiet Constitutional Revolution, Cynthia R. Farina

Cornell Law Faculty Publications

Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda

LLM Theses and Essays

Judicial review is a judicial action that involves the review of an inferior legislative or executive act for conformity with a higher legal norm, with the possibility that the inferior norm may be invalidated or suspended if necessary. Although judicial review has been explicitly provided for in some written post-independence African constitutions, such review has not developed into a significant principle of African juridical democracy. This lack of development can be attributed to the emergence of dictatorships in the post-colonial era. However, Malawi’s weak judiciary system was remedied by the 1994 Constitution which gave the Malawian judiciary a central position, …

Chief Justice Hughes' Letter On Court-Packing, Richard D. Friedman

Articles

After one of the great landslides in American presidential history, Franklin D. Roosevelt took the oath of office for the second time on January 20, 1937. As he had four years before, Chief Justice Charles Evans Hughes, like Roosevelt a former governor of New York, administered the oath. Torrents of rain drenched the inauguration, and Hughes’ damp whiskers waved in the biting wind. When the skullcapped Chief Justice reached the promise to defend the Constitution, he “spoke slowly and with special emphasis.” The President responded in kind, though he felt like saying, as he later told his aide Sam Rosenman: …

Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Campaign Finance, The Parties And The Court: A Comment On Colorado Republican Federal Campaign Committee V. Federal Elections Commission, Richard Briffault

Faculty Scholarship

Last term, In Colorado Republican Federal Campaign Committee v. Federal Election Commission, the Supreme Court considered a direct attack on the constitutionality of the Federal Election Campaign Act's ("FECA") limits on political party expenditures. Colorado Republican was the Court's first campaign finance case in six years and the first in which the four Justices appointed by Presidents Bush and Clinton had an opportunity to participate. Colorado Republican was also the first case in the twenty-year regime of Buckley v. Valeo concerned with the constitutionality of restrictions on parties. Coming at a time of rising public concern, increased legislative activity, …

Book Review, S. James Anaya

Publications

No abstract provided.

Playing Defense, Robert F. Nagel

Publications

Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …

Commentary, At Issue – House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional? – No, The Framers Had Only A Simple Majority In Mind, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

The supermajority requirement undermines the constitutional principles of Article I and separation of powers. Rule XXI is not merely a rule of internal procedure; it determines when bills get presented to the Senate and the president.

Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Transitional Justice In Eastern Germany, Donald P. Kommers

Journal Articles

On October 3, 1990, the German Democratic Republic (GDR) ceased to exist. On that celebrated day of German unity, the GDR incorporated itself into the legal and political system of the Federal Republic of Germany (FRG). Economic and social union had taken place a few months earlier.' After 40 years, a people who had become accustomed to central planning, full employment, and state ownership of almost everything suddenly found themselves compacted into a profit-driven market economy rooted in private ownership. Equally swift was the legal revolution, for Unity Day witnessed the toppling of the GDR's judicial system, along with its …

The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo

All Faculty Scholarship

Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress’s authority to employ devices such as special counsels and independent agencies to restrict the President’s control over the administration of the law. The initial debate focused on whether the Constitution rejected the “executive by committee” employed by the Articles of the Confederation in favor of a “unitary executive,” in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features …

Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Race And Criminal Justice, Richard B. Collins

Publications

No abstract provided.

Disciplining Congress: The Taxing And Spending Powers, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

Our panel will address a topic that goes to the heart of a debate over the nature of humankind: When dealing with governmentsponsored redistribution of wealth, can our elected representatives, to whom the Constitution grants federal taxing and spending authority, be trusted to exercise that authority; or must we place upon them what James Madison referred to as "auxiliary precautions," burdens higher than those imposed by the requirement that they stand for reelection, in the case of the House, every two years, or in the case of the Senate, every six years?

Transitional Jurisprudence: The Role Of Law In Political Transformation., Ruti Teitel

Articles & Chapters

No abstract provided.

Presidential Rulemaking, Peter L. Strauss

Faculty Scholarship

One of the prominent issues during the 1992 presidential campaign was abortion, in particular the federal government's role in financing counseling activities that might promote it. In the Bush Administration, the Department of Health and Human Services had adopted a controversial regulation to withhold federal funds from any family planning or other medical service that included counseling about abortion in its activities; the Clinton campaign promised to rescind that regulation if Clinton were elected President. Shortly after his election, in a prominent White House ceremony, President Clinton announced that he had directed the rescission of the prior rule and the …

The Rise Of Sublocal Structures In Urban Governance, Richard Briffault

Faculty Scholarship

The dominant law and economics model of local government, based on the work of Charles M. Tiebout, assumes that decentralization of power to local governments promotes the efficient delivery of public goods and services. In his seminal article, A Pure Theory of Local Expenditures, Tiebout contended that the existence of a large number of local governments in any given area permits a "market solution" to the question of how to determine the level and mix of government services that people desire. The multiplicity of local governments in an area means that, as long as each locality is free to …