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Full-Text Articles in Legal History

Public Order Under Law: The Role Of The Advisor-Draftsman In The Formation Of Code Or Constitution (With Harold D. Lasswell), George H. Dession Jan 1955

Public Order Under Law: The Role Of The Advisor-Draftsman In The Formation Of Code Or Constitution (With Harold D. Lasswell), George H. Dession

Faculty Scholarship Series

PROBLEMS of special gravity face the lawyer who serves as advisor or draftsman to a constitutional convention or a legislative body. The consequences of his advice, if it is taken, will reverberate large and long; and in the performance of his advisory functions he must take account not only of these consequences but of special obstacles as well. It is our purpose here to examine certain aspects of the advisor-draftsman's role in the making of a constitution or a legal code: his professional relation to his client, the community's representative; the special tools of knowledge and language employed ...


Shall The Executive Agreement Replace The Treaty, Edwin Borchard Jan 1944

Shall The Executive Agreement Replace The Treaty, Edwin Borchard

Faculty Scholarship Series

In recent years many political leaders and publicists have sought to prove that the treaty-making process, requiring the "undemocratic." valid and desirable preferably without congressional approval or, by a majority of Congress. 1300 executive agreements have been concluded history, as contrasted 900 i8 that up to 1928 only 15 for good reasons; treaties have been amended by have benefited the nation.

BASES OF THE PROPOSALS FOR CHANGE

The recent proposals for a change in the Constitution, either with or without benefit of a constitutional amendment, have their origin in several grievances and are said to derive moral support from several ...


Justiciability, Edwin Borchard Jan 1936

Justiciability, Edwin Borchard

Faculty Scholarship Series

It might be supposed that justiciability, the very foundation of the judicial function, would be a matter on which courts could hardly differ. Yet there seems to be the greatest confusion among the courts as to when an issue is and is not susceptible of judicial decision. This is largely due to a devotion to phrases and symbols which make historical investigation and theoretical analysis seem an unnecessary encroachment on the judicial prerogative. The very system of stare decisis invites courts to relieve themselves of the necessity of thinking through again ostensible propositions which seem to have once received the ...


Judicially Non-Enforcible Provisions Of Constitutions, Walter F. Dodd Jan 1931

Judicially Non-Enforcible Provisions Of Constitutions, Walter F. Dodd

Faculty Scholarship Series

In the constitutional law of the United States there is a natural tendency
to emphasize the judicial enforcibility of constitutional restrictions upon
legislative action. This field of our law tends thus to give primary weight
to a technical analysis of judicial decisions, at the expense of a consideration
of the wisdom and expediency of legislative and executive action.
Moreover, it largely overlooks a relatively large field of constitutional regulation
not supplemented by judicial enforcibility. We often compare to our
advantage the system of judicially enforcible constitutions with that of
many other countries in which written constitutions are not judicially enforcible ...


International Pecuniary Claims Against Mexico, Edwin Borchard Jan 1917

International Pecuniary Claims Against Mexico, Edwin Borchard

Faculty Scholarship Series

The Claims Commission which will ultimately be established to adjudicate upon claims of citizens of the United States and other countries against Mexico will have to decide some of the most interesting and practical questions of international law. Not the least important of these are the fundamental questions of the liability of the Carranza government for its own acts while a revolutionary faction (the Constitutionalists) and for those of the Huerta government it has displaced. An examination of these questions in the light of international law and precedents may not prove without interest. Assuming that the Carranza government will maintain ...