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Articles 1 - 5 of 5

Full-Text Articles in Law

Mistretta Versus Marbury: The Foundations Of Judicial Review, Maxwell L. Stearns Jul 2008

Mistretta Versus Marbury: The Foundations Of Judicial Review, Maxwell L. Stearns

Maxwell L. Stearns

No abstract provided.


Maternal Duties During Pregnancy: Toward A Conceptual Framework, Maxwell L. Stearns Jul 2008

Maternal Duties During Pregnancy: Toward A Conceptual Framework, Maxwell L. Stearns

Maxwell L. Stearns

No abstract provided.


Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns Jun 2008

Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns

Maxwell L. Stearns

No abstract provided.


The Remand That Made The Court Expand, Maxwell L. Stearns Jun 2008

The Remand That Made The Court Expand, Maxwell L. Stearns

Maxwell L. Stearns

No abstract provided.


The New Commerce Clause Doctrine In Game Theoretical Perspective, Maxwell L. Stearns May 2008

The New Commerce Clause Doctrine In Game Theoretical Perspective, Maxwell L. Stearns

Maxwell L. Stearns

The Roberts Court emerges at a critical juncture in the development of Commerce Clause doctrine. While the Commerce Clause doctrine implicates concerns for federalism and separation of powers, both of which are rooted in the earliest part of our constitutional history, the new Court presents an ideal opportunity to critically assess existing doctrines and to develop new analytical paradigms. The Rehnquist Court succeeded for the first time in sixty years in imposing substantive limits on the scope of this important source of Congressional power. That Court proved far less successful, however, in developing a coherent normative theory that reconciles the …