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Legal History Commons

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University of Pennsylvania Carey Law School

2005

Articles 1 - 4 of 4

Full-Text Articles in Legal History

Guantanamo And The Conflict Of Laws: Rasul And Beyond, Kermit Roosevelt Iii Jan 2005

Guantanamo And The Conflict Of Laws: Rasul And Beyond, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.


Symbiotic Federalism And The Structure Of Corporate Law, Marcel Kahan, Edward B. Rock Jan 2005

Symbiotic Federalism And The Structure Of Corporate Law, Marcel Kahan, Edward B. Rock

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No abstract provided.


Resolving Renvoi: The Bewitchment Of Our Intelligence By Means Of Language, Kermit Roosevelt Iii Jan 2005

Resolving Renvoi: The Bewitchment Of Our Intelligence By Means Of Language, Kermit Roosevelt Iii

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No abstract provided.


Managing Gerrymandering, Mitchell N. Berman Jan 2005

Managing Gerrymandering, Mitchell N. Berman

All Faculty Scholarship

Last spring, in Vieth v. Jubelirer, the Supreme Court addressed a claim of unconstitutional partisan gerrymandering for the first time since having held such claims justiciable, 18 years earlier, in Davis v. Bandemer. Vieth was a fractured decision. All nine Justices agreed that partisan gerrymandering is of constitutional moment, a substantial majority declaring that excessive partisanship is unconstitutional. The Justices also united in rejecting the particular gerrymandering test advanced in Bandemer. There agreement ended. Four Justices proposed three tests to replace the unmeetable Bandemer standard. A four-member plurality would have overruled Bandemer more completely by holding that partisan gerrymandering claims …