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Full-Text Articles in Legislation

The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan Feb 2011

The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan

Working Paper Series

Randy Barnett has recently argued that the individual mandate is unconstitutional because it is an improper regulation under the Necessary and Proper Clause (in conjunction with the Commerce Clause) because it improperly "commandeers" the people and thereby violates their sovereignty. In this paper, I counter that the argument from sovereignty is unavailing because it is, among other defects, hopelessly ambiguous. The variety of historically attested meanings of "sovereignty" renders the concept useless for purposes of answering questions of comparative authority, including the authority of the Congress to mandate that individuals purchase health insurance from a private market. There is no …


Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan Mar 2009

Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan

Working Paper Series

This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …


The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman Jan 1975

The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman

Villanova Law Review

No abstract provided.


Congressional Immunity: A Criticism Of Exisiting Distinctions And A Proposal For A New Definitional Approach, X. L. Suarez Jan 1974

Congressional Immunity: A Criticism Of Exisiting Distinctions And A Proposal For A New Definitional Approach, X. L. Suarez

Villanova Law Review

No abstract provided.


No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel Jan 1972

No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel

Villanova Law Review

No abstract provided.


The Constitutional Aspects Of A National Population Policy, Cyril C. Means Jan 1970

The Constitutional Aspects Of A National Population Policy, Cyril C. Means

Villanova Law Review

No abstract provided.


Municipal Debt Limitations In Pennsylvania, Steven G. Brown, Robert A. Ebenstein Jan 1970

Municipal Debt Limitations In Pennsylvania, Steven G. Brown, Robert A. Ebenstein

Villanova Law Review

No abstract provided.


The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl Jan 1968

The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl

Villanova Law Review

No abstract provided.


Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal Jan 1968

Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal

Villanova Law Review

No abstract provided.


Post Conviction Problems And The Defective Delinquent, Miriam L. Gafni, Barney B. Welsh Jan 1967

Post Conviction Problems And The Defective Delinquent, Miriam L. Gafni, Barney B. Welsh

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1967

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


Film Censorship: The American And British Experience, Robert J. Klein Jan 1967

Film Censorship: The American And British Experience, Robert J. Klein

Villanova Law Review

No abstract provided.


A Radio And Television Newsman's View, William B. Monroe Jan 1966

A Radio And Television Newsman's View, William B. Monroe

Villanova Law Review

No abstract provided.


A Newspaperman's View, Fred Graham Jan 1966

A Newspaperman's View, Fred Graham

Villanova Law Review

No abstract provided.


A Defense Attorney's View, Percy Foreman Jan 1966

A Defense Attorney's View, Percy Foreman

Villanova Law Review

No abstract provided.


A Judicial View, William F. Smith Jan 1966

A Judicial View, William F. Smith

Villanova Law Review

No abstract provided.


A Prosecutor's View, Arlen Specter Jan 1966

A Prosecutor's View, Arlen Specter

Villanova Law Review

No abstract provided.


Addendum: Comments On Sheppard V. Maxwell, 384 U.S. 333 (1966), Robert B. Mckay, Fred Graham Jan 1966

Addendum: Comments On Sheppard V. Maxwell, 384 U.S. 333 (1966), Robert B. Mckay, Fred Graham

Villanova Law Review

No abstract provided.


Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd Jan 1966

Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd

Villanova Law Review

No abstract provided.


A Bar Association View, Robert L. Trescher Jan 1966

A Bar Association View, Robert L. Trescher

Villanova Law Review

No abstract provided.


The Foreign Agents Registration Act - The Spotlight Of Pitiless Publicity, Francis R. O'Hara Jan 1965

The Foreign Agents Registration Act - The Spotlight Of Pitiless Publicity, Francis R. O'Hara

Villanova Law Review

No abstract provided.


New York - Laws Of The 178th Session - Publication And Distribution Of Comic Books - Sale To Minors, Neale F. Hooley Jan 1956

New York - Laws Of The 178th Session - Publication And Distribution Of Comic Books - Sale To Minors, Neale F. Hooley

Villanova Law Review

No abstract provided.