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Articles 1 - 5 of 5
Full-Text Articles in Law
The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh
The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh
Michigan Law Review
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English …
Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty
Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty
Sudha Setty
The Article considers the history and use of the state secrets privilege in the United States and the ongoing congressional efforts to reform the use of the privilege. Although numerous articles have addressed the application of the state secrets privilege in the United States, this Article breaks new ground by examining the history and use of the privilege in other nations which confront serious national security threats. This Article considers the modern application the privilege in Scotland, England, Israel and India—an analysis which contextualizes both the current use of the U.S. privilege and the efforts at legislative reform. Such comparative …
"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech, Brooke Goldstein, Aaron Eitan Meyer
"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech, Brooke Goldstein, Aaron Eitan Meyer
ILSA Journal of International & Comparative Law
Lawfare is usually defined as the use of the law as a weapon of war' or the pursuit of strategic aims through aggressive legal maneuvers.
Arms For Their Defence - An Historical, Legal And Textual Analysis Of The English Right To Have Arms And Whether The Second Amendment Should Be Incorporated In Mcdonald V. City Of Chicago , Patrick J. Charles
Arms For Their Defence - An Historical, Legal And Textual Analysis Of The English Right To Have Arms And Whether The Second Amendment Should Be Incorporated In Mcdonald V. City Of Chicago , Patrick J. Charles
Cleveland State Law Review
This Article analyzes the arguments Individual Rights Scholars have made concerning the right to have arms and their influence on Supreme Court decisions regarding gun control. The author compares these arguments with historical English gun control laws to show that there is a misunderstanding between the idea that gun ownership rights have always been protected by government.
Nonprofits And Narrative: Piers Plowman, Anthony Trollope, And Charities Law, Jill R. Horwitz
Nonprofits And Narrative: Piers Plowman, Anthony Trollope, And Charities Law, Jill R. Horwitz
Articles
What are the narrative possibilities for understanding nonprofit law? Given the porous barriers between nonprofit law and the literature about it, there are many. Here I consider two. First, nonprofit law and nonprofit literature are each enriched and made fully explicable by reference to the other. Nonprofit law has grown in parallel with literature. It may even be that important legal texts, texts about doing and being good, were imported directly from literary sources into law. Second, in writings ranging from sensational journalism to high literature, nonprofit laws and the scandals involving their violations have captured the public imagination for …