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Full-Text Articles in Law
Why Enumeration Matters, Richard A. Primus
Why Enumeration Matters, Richard A. Primus
Michigan Law Review
The maxim that the federal government is a government of enumerated powers can be understood as a “continuity tender”: not a principle with practical consequences for governance, but a ritual statement with which practitioners identify themselves with a history from which they descend. This interpretation makes sense of the longstanding paradox whereby courts recite the enumeration principle but give it virtually no practical effect. On this understanding, the enumerated-powers maxim is analogous to the clause that Parliament still uses to open enacted statutes: “Be it enacted by the Queen’s most Excellent Majesty.” That text might imply that the Queen is …
The Court Of Justice Of The European Communities And Governance In An Economic Crisis, J. Mertens De Wilmars, J. Steenbergen
The Court Of Justice Of The European Communities And Governance In An Economic Crisis, J. Mertens De Wilmars, J. Steenbergen
Michigan Law Review
An economic crisis with the dimensions of the one raging in the world today confronts the judiciary - as well as business undertakings, parliaments and governments, workers, their trade unions and other organizations - with new responsibilities. New areas of law suddenly come to the forefront and even those matters which would appear to be the most firmly settled call for a critical reexamination. Such rethinking may maintain what might otherwise be swept away, or improve what deserves to be changed by way of judicial decisions, or demonstrate that legislative action is both necessary and urgent.
How Courts Govern America, Michigan Law Review
How Courts Govern America, Michigan Law Review
Michigan Law Review
A Review of How Courts Govern America by Richard Neely
Limited Government And Judicial Review, Paul G. Kauper
Limited Government And Judicial Review, Paul G. Kauper
Michigan Law Review
A Book Review of Limited Government and Judicial Review by Durga Das Basu