Law Commons^™

Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes

Levi L Wilkes

No abstract provided.

The Presentment Clause Meets The Suspension Power: The Affordable Care Act’S Long And Winding Road To Implementation, Mitchell Widener

Mitchell Widener

The presentment clause MEETs the Suspension Power: The Affordable Care Act’s Long and Winding Road to Implementation

Mitchell J. Widener

Abstract

To enact a law, the Presentment Clause of the Constitution mandates that both Houses of Congress present a bill to the President who either signs it into law or vetoes it. The Founders included this provision to prevent presidents from emulating King James II, who would routinely suspend Parliament’s laws to favor political constituents. Additionally, the Presentment Clause served to enhance the separation-of-powers principle implied in the Constitution.

Within the past year, President Obama has suspended multiple portions of …

Extrajudicial Executions And Assaults In American Prisons And The Looming Human Rights Crisis, Robert M. Hardaway

Robert Hardaway

This article examines the current due process crisis in American prisons and proposes reforms that would comply with human rights principles and international law. The number of prisoners killed in American prisons exceeds the number who are executed pursuant to judicial process. The bulk of these extrajudicial killings, and sexual assaults are the proximate consequence of close contact between prisoners. The predominate practice in American prisons is at the extreme ends of the spectrum—that is either placing prisoners in solitary confinement, a practice that has been challenged on Eighth Amendment grounds, or placing them in such close contact with each …