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Full-Text Articles in Law
Judge Judges On How They Use Their Power, Alan E. Garfield
Judge Judges On How They Use Their Power, Alan E. Garfield
Alan E Garfield
No abstract provided.
A Constitutional Oddity Of Almost Byzantine Complexity: Analyzing The Efficiency Of The Political Function Doctrine, Gregory Scopino
A Constitutional Oddity Of Almost Byzantine Complexity: Analyzing The Efficiency Of The Political Function Doctrine, Gregory Scopino
Gregory A Scopino
No abstract provided.
Foreign Law And The U.S. Constitution, Kenneth Anderson
Foreign Law And The U.S. Constitution, Kenneth Anderson
Kenneth Anderson
Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill Family
Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill Family
Jill E. Family
The Worst Way Of Selecting Judges—Except All The Others That Have Been Tried, Michael R. Dimino
The Worst Way Of Selecting Judges—Except All The Others That Have Been Tried, Michael R. Dimino
Michael R Dimino
The Non-Political Branch (Reviewing Lee Epstein & Jeffrey A. Segal, Advice And Consent: The Politics Of Judicial Appointments (2005)), Michael R. Dimino
The Non-Political Branch (Reviewing Lee Epstein & Jeffrey A. Segal, Advice And Consent: The Politics Of Judicial Appointments (2005)), Michael R. Dimino
Michael R Dimino
The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan
The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan
Donald J. Kochan
Can a man be the Director of the Women’s Bureau at the Department of Labor? According to Congress, the answer is no. Congress has stated by statute that a woman must be the nominee to head the Women’s Bureau at the Department of Labor. The key questions are: (1) even if it makes sense on policy grounds, is it constitutional? and (2) if we accept such a statutory limitation power what are the potential precedential consequences for other appointment matters? This Article’s case study is particularly relevant today, examining just how far Congress can go to limit the discretion of …
Protecting Children From Speech, Alan E. Garfield
Protecting Children From Speech, Alan E. Garfield
Alan E Garfield
Public concern about minor access to inappropriate speech (violent, sexual, vice advertising) has led to an onslaught of regulatory responses in recent years. Courts have wrestled with the constitutionality of these regulations but their decisions have provided little clarity as to what legislators may or may not do. In this Article, I guide legislators and judges through the thicket of child-protection censorship. I cut through the mass of precedent, empirical studies, and scholarship to distill the child-protection/free speech conflict into a series of comprehensible questions. By identifying the key questions underlying the conflict, I draw attention to the core constitutional …