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Full-Text Articles in Law
The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry
The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry
University of Michigan Journal of Law Reform
On December 16, 2005, the New York Times sounded a fire alarm when it revealed that, in response to the September 11, 2001 attacks, President George W Bush had issued a secret executive order permitting the National Security Agency (NSA) to conduct warrantless surveillance on individuals to unearth nascent terrorist activity. Congress responded to the disclosure of the NSA domestic surveillance program largely by shirking its oversight duties. This Note argues that when a single party controls both the executive and the legislative branches, the fire-alarm model fails to provide sufficient congressional oversight. Short of future elections altering the balance …
Post-Katrina New Orleans: The Strangely Vacant Article Ii Actor Denying Or Delaying Right Or Justice, Cynthia A. Drew
Post-Katrina New Orleans: The Strangely Vacant Article Ii Actor Denying Or Delaying Right Or Justice, Cynthia A. Drew
ExpressO
Because this work is not literature but at its most essential is a mirror of the conundrum presented by the rapidly approaching moment of Constitutional politics in our present American national life, that mirror perforce shows but a pastiche, a mosaic not yet complete, a jigsaw puzzle whose pieces keep shifting in space before they can be placed. As yet no “final answer” has appeared on any horizon to the dilemmas posed by the consequences of the Presidential actions analyzed in the Leitmotif -- particularly the decidedly non-heroic failures to act that had such lethal consequences for so many of …
Model Continuity Of Congress Statute, Seth Barrett Tillman
Model Continuity Of Congress Statute, Seth Barrett Tillman
The University of New Hampshire Law Review
[Excerpt] "Although, the reasoning of Chadha arguably extends to actions taken pursuant to this Model Statute, the facts of any litigation arising from this Model Statute are substantially different from the facts of Chadha. Unlike Chadha, all orders, resolutions, and votes made pursuant to this Model Statute are presented. Any litigation arising under this Model Statute will permit lower courts to take a fresh look at Chadha’s bicameralism rationale apart from the presentment issues, which are not at play under the terms of this statute. "
The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker
The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker
NYLS Law Review
No abstract provided.
Reconceptualizing Federalism, Erwin Chemerinsky
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg
Michigan Journal of International Law
This Reply proceeds as follows. Part I outlines the argument of the Nzelibe and Yoo paper. Part II considers their principal-agent analysis in the context of the American political system. Part III elaborates on the "democratic peace" literature, demonstrating that it does not support the conclusions that they draw. Part IV addresses the argument that we are in a new strategic situation, such that old rules ought not apply. Part V concludes.
Naked Came I: Jurisdiction-Stripping And The Constitutionality Of House Bill 3313, Jason J. Salvo
Naked Came I: Jurisdiction-Stripping And The Constitutionality Of House Bill 3313, Jason J. Salvo
Seattle University Law Review
In his law review article, Professor Henry Hart responded to the questions of whether Congress had unlimited control of federal jurisdiction and whether this control was consistent with other provisions in the Constitution. Though Professor Hart's article has been widely debated, his overarching thesis is generally accepted: Congress' power to restrict Supreme Court jurisdiction is bound by the requirement that the Court's “essential functions” may not be trammeled, but Congress' power to restrict lower federal court jurisdiction is broad. This Comment will build on Professor Hart's thesis, arguing that the essential functions of the federal judiciary are broader than what …
Reshaping Federal Jurisdiction: Congress's Latest Challenge To Judicial Review, Helen Norton
Reshaping Federal Jurisdiction: Congress's Latest Challenge To Judicial Review, Helen Norton
Publications
This Article examines growing congressional interest in a specific legislative check on judicial power: controlling the types of cases judges are empowered to decide by expanding and/or contracting federal subject matter jurisdiction. Congress has recently sought to shape judicial power through a range of proposals that variously enlarge and compress federal subject matter jurisdiction. In 2004, for example, the House of Representatives voted to strip federal courts of jurisdiction over constitutional challenges to the Defense of Marriage Act and the Pledge of the Allegiance. Just a few months later, the new 109th Congress undertook a groundbreaking expansion of federal subject …
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy
Faculty Articles and Other Publications
Access to the judicial system, a fundamental right that has paramount importance in our society, can often present obstacles to people with disabilities in a variety of significant ways. Yet Title II mandates that state and local judicial facilities be accessible to individuals with disabilities. Recent shifts in paradigmatic approaches to special populations such as drug offenders and offenders with mental disabilities have lead to the creation of mental health courts specifically designed to address the needs of the persons with mental disabilities in order to avoid incarceration. Early outcomes in states like Ohio suggest mental health courts may better …
Legislatures, Agencies, Courts And Advocates: How Laws Are Made, Interpreted And Modified, Chai R. Feldblum, Robin Appleberry
Legislatures, Agencies, Courts And Advocates: How Laws Are Made, Interpreted And Modified, Chai R. Feldblum, Robin Appleberry
Georgetown Law Faculty Publications and Other Works
This chapter explains the nature and practice of lawmaking, legal advocacy, and legal research as they relate to the field of work and family. Through reference to the Family and Medical Leave Act of 1993 as a case study, the authors explain the dynamic processes by which laws are made, interpreted and modified by legislatures, administrative agencies and courts, with the help of legal advocates. Their goal is not to provide substantive analysis of laws related to work and family, but rather to enable researchers from a range of disciplines to understand and access the legal system, as it currently …