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Articles 1 - 30 of 30
Full-Text Articles in Constitutional Law
The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan
The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan
Working Paper Series
Randy Barnett has recently argued that the individual mandate is unconstitutional because it is an improper regulation under the Necessary and Proper Clause (in conjunction with the Commerce Clause) because it improperly "commandeers" the people and thereby violates their sovereignty. In this paper, I counter that the argument from sovereignty is unavailing because it is, among other defects, hopelessly ambiguous. The variety of historically attested meanings of "sovereignty" renders the concept useless for purposes of answering questions of comparative authority, including the authority of the Congress to mandate that individuals purchase health insurance from a private market. There is no …
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Working Paper Series
This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …
Consumer Product Safety: Preemption, The Commerce Clause And State Regulatory Authority, James L. Winokur, Jennifer Robbins
Consumer Product Safety: Preemption, The Commerce Clause And State Regulatory Authority, James L. Winokur, Jennifer Robbins
Villanova Law Review
No abstract provided.
Criminal Law, Various Editors
Psychosurgery And The Involuntarily Confined, John P. Kopesky
Psychosurgery And The Involuntarily Confined, John P. Kopesky
Villanova Law Review
No abstract provided.
Constitutional Law - Contract Clause - Minnesota's Pension Plan Act Violates Contract Clause, Craig R. Shagin
Constitutional Law - Contract Clause - Minnesota's Pension Plan Act Violates Contract Clause, Craig R. Shagin
Villanova Law Review
No abstract provided.
Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein
Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein
Villanova Law Review
No abstract provided.
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
Villanova Law Review
No abstract provided.
The Corporate Patent - Reform Or Retrogression, Mary Helen Sears
The Corporate Patent - Reform Or Retrogression, Mary Helen Sears
Villanova Law Review
No abstract provided.
The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman
The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel
No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel
Villanova Law Review
No abstract provided.
The Pennsylvania Long-Arm: An Analytical Justification, Thomas B. Erekson
The Pennsylvania Long-Arm: An Analytical Justification, Thomas B. Erekson
Villanova Law Review
No abstract provided.
The Constitutional Aspects Of A National Population Policy, Cyril C. Means
The Constitutional Aspects Of A National Population Policy, Cyril C. Means
Villanova Law Review
No abstract provided.
Municipal Debt Limitations In Pennsylvania, Steven G. Brown, Robert A. Ebenstein
Municipal Debt Limitations In Pennsylvania, Steven G. Brown, Robert A. Ebenstein
Villanova Law Review
No abstract provided.
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
Villanova Law Review
No abstract provided.
Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal
Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal
Villanova Law Review
No abstract provided.
Post Conviction Problems And The Defective Delinquent, Miriam L. Gafni, Barney B. Welsh
Post Conviction Problems And The Defective Delinquent, Miriam L. Gafni, Barney B. Welsh
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
Film Censorship: The American And British Experience, Robert J. Klein
Film Censorship: The American And British Experience, Robert J. Klein
Villanova Law Review
No abstract provided.
A Radio And Television Newsman's View, William B. Monroe
A Radio And Television Newsman's View, William B. Monroe
Villanova Law Review
No abstract provided.
A Newspaperman's View, Fred Graham
A Defense Attorney's View, Percy Foreman
A Judicial View, William F. Smith
A Prosecutor's View, Arlen Specter
Addendum: Comments On Sheppard V. Maxwell, 384 U.S. 333 (1966), Robert B. Mckay, Fred Graham
Addendum: Comments On Sheppard V. Maxwell, 384 U.S. 333 (1966), Robert B. Mckay, Fred Graham
Villanova Law Review
No abstract provided.
Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd
Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd
Villanova Law Review
No abstract provided.
A Bar Association View, Robert L. Trescher
The Foreign Agents Registration Act - The Spotlight Of Pitiless Publicity, Francis R. O'Hara
The Foreign Agents Registration Act - The Spotlight Of Pitiless Publicity, Francis R. O'Hara
Villanova Law Review
No abstract provided.
New York - Laws Of The 178th Session - Publication And Distribution Of Comic Books - Sale To Minors, Neale F. Hooley
New York - Laws Of The 178th Session - Publication And Distribution Of Comic Books - Sale To Minors, Neale F. Hooley
Villanova Law Review
No abstract provided.