Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Type
- File Type
Articles 1 - 7 of 7
Full-Text Articles in Environmental Law
The Presentment Clause Meets The Suspension Power: The Affordable Care Act’S Long And Winding Road To Implementation, Mitchell Widener
The Presentment Clause Meets The Suspension Power: The Affordable Care Act’S Long And Winding Road To Implementation, Mitchell Widener
Mitchell Widener
The presentment clause MEETs the Suspension Power: The Affordable Care Act’s Long and Winding Road to Implementation
Mitchell J. Widener
Abstract
To enact a law, the Presentment Clause of the Constitution mandates that both Houses of Congress present a bill to the President who either signs it into law or vetoes it. The Founders included this provision to prevent presidents from emulating King James II, who would routinely suspend Parliament’s laws to favor political constituents. Additionally, the Presentment Clause served to enhance the separation-of-powers principle implied in the Constitution.
Within the past year, President Obama has suspended multiple portions of …
The Commons, Capitalism, And The Constitution, George Skouras
The Commons, Capitalism, And The Constitution, George Skouras
George Skouras
Thesis Summary: the erosion of the Commons in the United States has contributed to the deterioration of community and uprooting of people in order to meet the dynamic demands of capitalism. This article suggests countervailing measures to help remedy the situation.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis
Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis
ExpressO
This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …
Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)
Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)
Shubhankar Dam
The Indian Supreme Court has been praised as one of the most socially active courts in the world, especially so in the environmental field. Yet it is arguable that many of the benefits claimed for judicial involvement are far from real. Three phases of activism are identified. In the 1970s, the Court developed the concept of environmental rights based on ensuring that the directive principles of state policy and the fundamental right to life contained the Constitution worked in mutual support. This was followed by a period when the Court extended liability principles. The most recent and most controversial phase …