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Full-Text Articles in Legal History
Coping With Partiality: Justice, The Rule Of Law, And The Role Of Lawyers, Randy E. Barnett
Coping With Partiality: Justice, The Rule Of Law, And The Role Of Lawyers, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Lawyers help ameliorate a particular instance of what the author calls the problem of interest--the partiality problem. For he believes that it falls to law professors to imbue in their students an understanding of the important role that lawyers play in society, if for no other reason than they will need some emotional armament from the slings and arrows of incessant lawyer jokes and worse. In explaining how the existence of lawyers helps address the problem of partiality, the author also explains how adherence to property rights, freedom of contract, and the rule of law--concepts long disparaged by law professors--help …
Necessary And Proper, Randy E. Barnett
Necessary And Proper, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In this article, the author maintains that, if the courts are to hold Congress to the exercise of its enumerated powers, then they must come to grips with the congressional power: "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." While the Necessary and Proper Clause has long been used to greatly expand congressional power, he argues that, to the contrary, it provides a two-part standard against which all national …