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The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt 2015 SelectedWorks

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. It also is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are not clear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are ...


The 100-Plus Year Old Case For A Minimalist Criminal Law (Sketch Of A General Theory Of Substantive Criminal Law), Michele C. Materni 2015 Harvard University

The 100-Plus Year Old Case For A Minimalist Criminal Law (Sketch Of A General Theory Of Substantive Criminal Law), Michele C. Materni

Mike C Materni

Criminal law defines the system of government of which it is the political expression; thus having a normative theory of substantive criminal law is paramount. U.S. criminal law has developed in the absence of such overarching theory, and is now plagued by overcriminalization. This article advances a model of a minimalist criminal law grounded on strong normative principles that are presented and defended not from the perspective of metaphysics or moral philosophy; but rather, in a historical and comparative perspective, as a matter of political choice. Core among those principles is the idea that in a liberal democracy the ...


The Origins And Development Of Judicial Recusal In Texas, John C. Domino PhD 2015 Sam Houston State University

The Origins And Development Of Judicial Recusal In Texas, John C. Domino Phd

John C. Domino PhD

Judicial recusal – the self-disqualification from a case because of personal bias -- is a mid-20th century development in Texas jurisprudence. In 21st century Texas, a judge’s recusal is based on a complex set of codes and procedures. For most of the state’s history, however, the grounds for the removal of a judge from a case was disqualification, the conditions set solely by the Texas Constitution. This paper examines the foundations and emergence of the modern concept of judicial recusal in Texas. It begins with an examination of disqualification rulings to understand early foundational thinking about the circumstances ...


The Naming Of Baier Hall And The Jerome Hall Law Library Program, 2015 Maurer School of Law: Indiana University

The Naming Of Baier Hall And The Jerome Hall Law Library Program

Law School Building

No abstract provided.


Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood 2015 SelectedWorks

Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood

Joel Hood

Most people are unaware that James Madison original drafted 17 amendments for the Bill of Rights. Even fewer know that the 16th was an express non-delegation amendment meant to protect the American people:

The powers delegated by the Constitution to the government of the United States, shall be exercised as therein appropriated, so that the Legislative shall never exercise the powers vested in the Executive or Judicial; not the Executive the powers vested in the Legislative or Judicial; nor the Judicial the powers vested in the Legislative or Executive.

There are now over five-hundred federal agencies and departments. Some are ...


The Early Female Jewish Members Of The Maryland Bar: 1920–1929, Deborah Sweet Eyler 2015 University of Maryland Francis King Carey School of Law

The Early Female Jewish Members Of The Maryland Bar: 1920–1929, Deborah Sweet Eyler

Maryland Law Review

No abstract provided.


Before Bhopal: Explaining The Infrequency Of Railway Accident Victim Compensation, 1889-1931: Karmic Fatalism Or Colonial Law And Policy?, peter karsten 2015 history dept. university of pittsburgh

Before Bhopal: Explaining The Infrequency Of Railway Accident Victim Compensation, 1889-1931: Karmic Fatalism Or Colonial Law And Policy?, Peter Karsten

peter karsten

Countless thousands experienced the loss of property or suffered injury or death due to negligence on railways of India during the 19th and 20th centuries. This essay notes striking differences between the treatment of victims in India and those in other Imperial jurisdictions, and in the similar common-law United States.

Two explanations for the differences have been proposed:

(1) Cultural ones: These include the propensity to view one’s turning to legal remedies in India as a “slot-machine,” and fatalistic “karmic vision” (more generally referred to as “Hindu fatalism),” which is said to lead injured parties to accept ...


The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz 2015 United States Senate Sub-Committee on Immigration

The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz

Georgia Journal of International & Comparative Law

No abstract provided.


From Reynolds To Lawrence To Brown V. Buhman: Antipolygamy Statutes Sliding On The Slippery Slope Of Same-Sex Marriage, Stephen L. Baskind 2015 Univerisity of Texas at Arlington

From Reynolds To Lawrence To Brown V. Buhman: Antipolygamy Statutes Sliding On The Slippery Slope Of Same-Sex Marriage, Stephen L. Baskind

Stephen L Baskind

In 2003 in Lawrence v. Texas (striking Texas’ sodomy law), Justice Scalia predicted in his dissent the end of all morals legislation. If Justice Scalia is correct most, if not all, morals-based legislation may fall. For example, in recent years state laws prohibiting same-sex marriage have fallen to constitutional challenges. Ten years after Lawrence in 2013, a Utah Federal District Court in Brown v. Buhman, though feeling constrained by the 1878 Reynolds case (which rejected a First Amendment challenge to an antipolygamy law), nevertheless at the request of a polygamous family concluded that the cohabitation prong of Utah’s anti-bigamy ...


Taxation Aspects Of Foreign Investments In India, Udai V. Singh 2015 University of Georgia School of Law

Taxation Aspects Of Foreign Investments In India, Udai V. Singh

Georgia Journal of International & Comparative Law

No abstract provided.


Parliamentary Diplomacy And The North-South Dialogue, Noel Lateef 2015 Yale Law School

Parliamentary Diplomacy And The North-South Dialogue, Noel Lateef

Georgia Journal of International & Comparative Law

No abstract provided.


The European Economic Community: The Right Of Member State Withdrawal, John A. Hill 2015 University of Georgia School of Law

The European Economic Community: The Right Of Member State Withdrawal, John A. Hill

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Political Crime In Europe: A Comparative Study Of France, Germany And England. Barton L. Ingraham. University Of California-Berkeley Press, 1979., Albert M. Pearson III 2015 University of Georgia School of Law

Book Review: Political Crime In Europe: A Comparative Study Of France, Germany And England. Barton L. Ingraham. University Of California-Berkeley Press, 1979., Albert M. Pearson Iii

Georgia Journal of International & Comparative Law

No abstract provided.


2015 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Invitation, 2015 Maurer School of Law: Indiana University

2015 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Invitation

Academy of Law Alumni Fellows

No abstract provided.


Happy 790th, Magna Carta!, Thomas J. McSweeney 2015 William & Mary Law School

Happy 790th, Magna Carta!, Thomas J. Mcsweeney

Popular Media

No abstract provided.


The Effect Of Buckhannon On The Awarding Of Attorney Fees, Leon Friedman 2015 Touro College Jacob D. Fuchsberg Law Center

The Effect Of Buckhannon On The Awarding Of Attorney Fees, Leon Friedman

Touro Law Review

No abstract provided.


Procedural And Structural Obstacles In Challenging Aspects Of The Criminal Justice System, John Boston 2015 Touro College Jacob D. Fuchsberg Law Center

Procedural And Structural Obstacles In Challenging Aspects Of The Criminal Justice System, John Boston

Touro Law Review

No abstract provided.


Defining The Role Of Law Guardian In New York State By Statute, Standards And Case Law, Diane Somberg 2015 Touro College Jacob D. Fuchsberg Law Center

Defining The Role Of Law Guardian In New York State By Statute, Standards And Case Law, Diane Somberg

Touro Law Review

No abstract provided.


Is Zahn Gone? The Effect Of 28 U.S.C. § 1367 On The "No Aggregation Doctrine", Joseph J. Shannon 2015 Touro College Jacob D. Fuchsberg Law Center

Is Zahn Gone? The Effect Of 28 U.S.C. § 1367 On The "No Aggregation Doctrine", Joseph J. Shannon

Touro Law Review

No abstract provided.


Refugee Status For Soviet Jewish Immigrants To The United States, Victor Rosenberg 2015 Touro College Jacob D. Fuchsberg Law Center

Refugee Status For Soviet Jewish Immigrants To The United States, Victor Rosenberg

Touro Law Review

No abstract provided.


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