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2000

Selected Works

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Constitutional Law

Articles 1 - 10 of 10

Full-Text Articles in Law

Hacia Una Argentina Digital, Horacio M. Lynch, Mauricio Devoto Feb 2000

Hacia Una Argentina Digital, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

"... En opinión de muchos especialistas respetados en el mundo, la Argentina no tiene futuro si no exporta. Pero exportar en este nuevo siglo no es lo mismo que hacerlo hacia el 1900: los precios de los productos primarios argentinos cayeron ocho veces en el siglo, lo que nos bajó del quinto puesto en el ránking de países al lugar número 50...".

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Trips Copyright Dispute Settlement After The Transition And Moratorium: Nonviolation And Situation Complaints Against Developing Countries [Notes], Tuan Samahon Dec 1999

Trips Copyright Dispute Settlement After The Transition And Moratorium: Nonviolation And Situation Complaints Against Developing Countries [Notes], Tuan Samahon

Tuan Samahon

No abstract provided.

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When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee Dec 1999

When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee

Randy Lee

During the Clinton Administration, the Internal Revenue Service ("IRS") and the Department of Justice ("DOJ") broke new ground in the enforcement of the tax code's ban on "partisan political activity" by tax-exempt religious organizations. President Clinton, meanwhile, used church buildings and religious services for political campaigning and made political speeches on behalf of candidates that intertwined the political and the religious. Thus, while the Clinton Administration clarified the role of religious exercise and expression in some areas of public life, like public schools and the federal workplace, Administration activities clouded the role religion is to play in political campaigns.
The …

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Symposium, Legal Ethics For Government Lawyers: Straight Talk For Tough Times: Introduction, Randy Lee Dec 1999

Symposium, Legal Ethics For Government Lawyers: Straight Talk For Tough Times: Introduction, Randy Lee

Randy Lee

No abstract provided.

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D.C. Circuit Revives Nondelegation Doctrine…Or Does It?, Michael R. Dimino Dec 1999

D.C. Circuit Revives Nondelegation Doctrine…Or Does It?, Michael R. Dimino

Michael R Dimino

Article I, Section 1 of the Constitution charges Congress with the ability and the duty to make the law. Courts have always understood, however, that Congress has the capacity to delegate some legislative power to other institutional actors, typically those in the executive branch. Such delegations are justified by the "practical understanding that in our increasingly complex society, Congress simply cannot do its job absent an ability to delegate power under broad general directives." This does not mean that Congress enjoys unlimited authority to delegate. Under the judicially crafted "nondelegation doctrine," Congress delegates too much lawmaking power if it fails …

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Urinating On The Pennsylvania Constitution? Drug Testing Of High School Athletes And Article I, Section 8 Of The Pennsylvania Constitution, Amanda Smith Dec 1999

Urinating On The Pennsylvania Constitution? Drug Testing Of High School Athletes And Article I, Section 8 Of The Pennsylvania Constitution, Amanda Smith

Amanda Sholtis

This Comment asserts that drug testing policies fail to pass Pennsylvania constitutional muster. The focus is directed toward mandatory suspicionless testing of student athletes, an activity that schools have adopted in response to increased drug use in recent years.'9 Part II discusses a typical drug test performed by a school district and refers to policies from Derry, Fairfield, and Middletown Area School Districts. Part III analyzes the constitutionality of drug testing policies under Article I, Section 8. Part IV discusses alternatives to mandatory suspicionless drug testing of athletes that would effectuate school boards' goals of maintaining a drug-free environment without …

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Controle Judicial Das Medidas Provisórias, Ivo T. Gico Dec 1999

Controle Judicial Das Medidas Provisórias, Ivo T. Gico

Ivo Teixeira Gico Jr.

Neste artigo, o autor analisa os pressupostos constitucionais do controle abstrato de medidas provisórias quanto aos seus requisitos de necessidade, utilidade e conveniência de sua edição, confrontando a execução de políticas públicas com as prerrogativas do Estado de Direito.

In this article, the author examines the Provisional Executive Acts abstract constitutional control assumptions in their necessity, utility and convenience editing requirements, confronting the execution of public policies with the State of Law prerogatives.

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Revisiting Gay Rights Coalition Of Georgetown Law Center V. Georgetown University A Decade Later: Free Exercise Challenges And The Nondiscrimination Laws Protecting Homosexuals, Matthew J. Parlow Dec 1999

Revisiting Gay Rights Coalition Of Georgetown Law Center V. Georgetown University A Decade Later: Free Exercise Challenges And The Nondiscrimination Laws Protecting Homosexuals, Matthew J. Parlow

Matthew Parlow

Using the controversial 1987 case between Georgetown University and a gay and lesbian student organization as a backdrop, this article analyzes the free exercise rights of religiously-affiliated colleges and universities and their ability to discriminate against gay and lesbian student groups. The article tracks the jurisprudential development of free exercise challenges and details why current United States Supreme Court precedent provides little protection for such colleges and universities. Given the weakened state of free exercise rights, this article examines what rights and protections, if any, gays and lesbians have under the Fourteenth Amendment's Equal Protection Clause and local and state …

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Quem Votaria? As Consequências Do Voto Obrigatόrio, Zachary Elkins Dec 1999

Quem Votaria? As Consequências Do Voto Obrigatόrio, Zachary Elkins

Zachary Elkins

No abstract provided.

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Gradations Of Democracy? Empirical Tests Of Alternative Conceptualizations, Zachary Elkins Dec 1999

Gradations Of Democracy? Empirical Tests Of Alternative Conceptualizations, Zachary Elkins

Zachary Elkins

No abstract provided.

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