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2000

Selected Works

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Constitutional Law

Articles 1 - 10 of 10

Full-Text Articles in Law

El Positivismo Jurídico En Nuestras Aulas, Juan Carlos Riofrío Martínez-Villalba May 2000

El Positivismo Jurídico En Nuestras Aulas, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.

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Natural Rights And The Second Amendment, Steven J. Heyman Jan 2000

Natural Rights And The Second Amendment, Steven J. Heyman

Steven J. Heyman

No abstract provided.

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Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod Jan 2000

Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.

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The New Majoritarianism, Robert Justin Lipkin Dec 1999

The New Majoritarianism, Robert Justin Lipkin

Robert Justin Lipkin

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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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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Purging The Cruel And Unusual: The Autonomous Excessive Fines Clause And Desert-Based Constitutional Limits On Forfeiture After United States V. Bajakajian, Barry L. Johnson Dec 1999

Purging The Cruel And Unusual: The Autonomous Excessive Fines Clause And Desert-Based Constitutional Limits On Forfeiture After United States V. Bajakajian, Barry L. Johnson

Barry L. Johnson

No abstract provided.

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Impeachment And The War Over The Democratization Of American Culture, Robert Justin Lipkin Dec 1999

Impeachment And The War Over The Democratization Of American Culture, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

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