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Full-Text Articles in Courts
How Should A Court Deal With A Primary Question That The Legislature Seeks To Avoid?, Gidon Sapir
How Should A Court Deal With A Primary Question That The Legislature Seeks To Avoid?, Gidon Sapir
Vanderbilt Journal of Transnational Law
Legislative avoidance of principled decisions on substantive questions by transferring the decision-making task to the executive branch, is a frequent scenario. The legislature does this by way of either express or hidden delegation, i.e., by using ambiguous wording that on its face only requires interpretation but which in fact requires a substantive decision on the matter at stake. The Israeli legislature resorted to the hidden delegation tactic to avoid the adoption of a substantive decision in the dispute over the question of who is a Jew--a dispute that has divided Israeli society and World Jewry (especially its U.S. component) since …
Book Review, Graham Hughes
Book Review, Graham Hughes
Vanderbilt Journal of Transnational Law
Decades of conflict with Soviet Russia compelled the West to come up with soothing explanations of the German Nazi past. If Germany was our gallant ally, standing fast in NATO against the menace of Communism, it somehow must be cleansed of any stain of original sin. This has been accomplished by portraying the Nazi years as a monstrous aberration--a characterization naturally fostered and promoted by the Germans themselves. Germany had struggled in the years of the Weimar Republic toward a democratic system and a just society. Under this view of things, a handful of evil maniacs, who incomprehensibly had succeeded …
Comment: Race, Property Rights, And The Economic Consequences Of Reconstruction, Robert B. Jones
Comment: Race, Property Rights, And The Economic Consequences Of Reconstruction, Robert B. Jones
Vanderbilt Law Review
Professors Haws and Namorato are to be praised for their pioneer work in studying the operation of a county court system in the Reconstruction era. They break new historical ground in this effort that has the potential for greatly contributing to the study of the legal history of the South. More scholars must engage in this endeavor if the field of legal history is to reach its full maturity. While their efforts are to be complimented it must be pointed out, however, that they generally fail to make their case in this Article. They do not show a significant link …