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Legal History Commons

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Articles 1 - 3 of 3

Full-Text Articles in Legal History

Constitutional Calcification: How The Law Becomes What The Court Does, Kermit Roosevelt Iii Jan 2005

Constitutional Calcification: How The Law Becomes What The Court Does, Kermit Roosevelt Iii

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No abstract provided.


Reconsidering The Dmca, R. Polk Wagner Jan 2005

Reconsidering The Dmca, R. Polk Wagner

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patents, Law and economics, prosecution history estoppel, doctrine of equivalents, ex ante, ex post, default rules, PTO, Federal Circuit, patent prosecution, patent litigation, intellectual property, patent reform, patent administration, patent office


The Unitary Executive In The Modern Era, 1945–2004, Christopher S. Yoo, Steven G. Calabresi, Anthony J. Colangelo Jan 2005

The Unitary Executive In The Modern Era, 1945–2004, Christopher S. Yoo, Steven G. Calabresi, Anthony J. Colangelo

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Since the impeachment of President Clinton, there has been renewed debate over whether Congress can create institutions such as special counsels and independent agencies that restrict the president's control over the administration of the law. Initially, debate centered on whether the Constitution rejected the "executive by committee" used by the Articles of Confederation in favor of a "unitary executive," in which all administrative authority is centralized in the president. More recently, the debate has focused on historical practices. Some scholars suggest that independent agencies and special counsels are such established features of the constitutional landscape that any argument in favor …