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Articles 1 - 11 of 11

Full-Text Articles in Legislation

Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon Jan 2022

Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon

St. John's Law Review

(Excerpt)

Contrary to the belief of eighty percent of Americans, the U.S. Constitution does not prohibit discrimination on the basis of sex. The effect of this lack of protection can be seen in every corner of our society, including economic inequalities and a lack of representation in leadership. For almost one hundred years, women’s organizations and activists have attempted to rectify this by advocating for the inclusion of an Equal Rights Amendment (ERA) in the Constitution. In the past few years, there has been a revived push for the ERA due to the amendment’s first congressional hearing in thirty-six years, …


The "Rational Federalist": Synthesizing Necessity And Propriety In The Sweeping Clause, Shane Magnetti Oct 2019

The "Rational Federalist": Synthesizing Necessity And Propriety In The Sweeping Clause, Shane Magnetti

St. John's Law Review

(Excerpt)

This Note will argue that flexibility as to what constitutes a “necessary” law combined with a rigid standard for what makes a law “proper” enables Congress to execute its enumerated powers without overreaching. Part I outlines differing scholarly theories as to the legal origins of the Necessary and Proper Clause. Sections A, B, and C outline the theories that the Clause stems from principles of agency law, administrative law, and corporate law, respectively. Section D examines the implied powers theory of the Clause’s genesis. Next, Part II examines the Supreme Court’s early Necessary and Proper Clause jurisprudence—namely McCulloch v. …


Bray V. Alexandria Women's Health Clinic: Abortion Protesters Are Not Liable Under The Ku Klux Klan Act, Sue Mota Oct 2017

Bray V. Alexandria Women's Health Clinic: Abortion Protesters Are Not Liable Under The Ku Klux Klan Act, Sue Mota

The Catholic Lawyer

No abstract provided.


The Intelligible Principle: How It Briefly Lived, Why It Died, And Why It Desperately Needs Revival In Today's Administrative State, Meaghan Dunigan Oct 2017

The Intelligible Principle: How It Briefly Lived, Why It Died, And Why It Desperately Needs Revival In Today's Administrative State, Meaghan Dunigan

St. John's Law Review

(Excerpt)

This Note addresses the flaws in the current intelligible principle standard and proposes a new three-part standard that would better revitalize the intelligible principle as it was first articulated almost a century ago. This Note concedes that while legislative delegation in any form is a violation of the original meaning of the nondelegation doctrine, our society and the growth of administrative agencies removed any chance of having our laws created solely by Congress. What can happen, and what this Note proposes, is for the Supreme Court to adopt a new intelligible principle standard that scales back the amount of …


Human Life Federalism Amendment - Ii. Legislative Update, James Robinson, Director Government Liaison, United States Catholic Conference Sep 2017

Human Life Federalism Amendment - Ii. Legislative Update, James Robinson, Director Government Liaison, United States Catholic Conference

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Professor Lynn D. Wardle, Brigham Young University Sep 2017

Human Life Federalism Amendment - I. Legal Aspects, Professor Lynn D. Wardle, Brigham Young University

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Professor John S. Noonan, University Of California Sep 2017

Human Life Federalism Amendment - I. Legal Aspects, Professor John S. Noonan, University Of California

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Dennis J. Horan, Esq. Sep 2017

Human Life Federalism Amendment - I. Legal Aspects, Dennis J. Horan, Esq.

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Wilfred R. Caron, General Counsel, United States Catholic Conference Sep 2017

Human Life Federalism Amendment - I. Legal Aspects, Wilfred R. Caron, General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.


Obscenity: Prosecution Problems And Legislative Suggestions, Richard H. Kuh Oct 2016

Obscenity: Prosecution Problems And Legislative Suggestions, Richard H. Kuh

The Catholic Lawyer

No abstract provided.


Equal Justice Under Law - Tax Aid To Education, William J. Kenealy, S.J. Jul 2016

Equal Justice Under Law - Tax Aid To Education, William J. Kenealy, S.J.

The Catholic Lawyer

No abstract provided.