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Articles 1 - 13 of 13

Full-Text Articles in Law

Changing Conceptions Of Administration, Cass R. Sunstein Sep 1987

Changing Conceptions Of Administration, Cass R. Sunstein

BYU Law Review

No abstract provided.


Federalism: Legal Fiction And Historical Artifact?, Harold M. Hyman Sep 1987

Federalism: Legal Fiction And Historical Artifact?, Harold M. Hyman

BYU Law Review

No abstract provided.


Birth Of A Nation: The Republic Of Palau Is Recognized As A Foreign Sovereign Under The Foreign Sovereign Immunities Act Of 1976-Morgan Guaranty Trust V. Republic Of Palau, 639 F. Supp. 706 (S.D.N.Y. 1986), Mark Christian Hendricks May 1987

Birth Of A Nation: The Republic Of Palau Is Recognized As A Foreign Sovereign Under The Foreign Sovereign Immunities Act Of 1976-Morgan Guaranty Trust V. Republic Of Palau, 639 F. Supp. 706 (S.D.N.Y. 1986), Mark Christian Hendricks

BYU Law Review

No abstract provided.


Storm Center: The Supreme Court In American Politics, Nelson P. Miller May 1987

Storm Center: The Supreme Court In American Politics, Nelson P. Miller

Michigan Law Review

A Review of Storm Center: The Supreme Court in American Politics by David M. O'Brien


"In Stark Contravention Of Its Purpose": Federal Communications Commission Enforcement And Repeal Of The Fairness Doctrine, Michael J. Bolton Apr 1987

"In Stark Contravention Of Its Purpose": Federal Communications Commission Enforcement And Repeal Of The Fairness Doctrine, Michael J. Bolton

University of Michigan Journal of Law Reform

This Note analyzes current FCC policy to determine whether the agency violated its statutory purpose and acted unlawfully by restricting and later repealing the fairness doctrine. Because the Commission's attack on the doctrine has been based, in part, on conclusions drawn from the doctrine's history, Part I examines prior FCC enforcement of the fairness doctrine. Part II views the Commission's contemporary enforcement and repeal of the doctrine. Finally, Part III assesses Commission action in light of its legislative mandate and administrative law standards of judicial review to conclude that the FCC both violated its administrative responsibilities by deemphasizing enforcement of …


Beyond Justiciability: Political Gerrymandering After Davis V. Bandemer, Michael A. Hess Jan 1987

Beyond Justiciability: Political Gerrymandering After Davis V. Bandemer, Michael A. Hess

Campbell Law Review

This article examines the decision in Davis v. Bandemer, as well as the political circumstances that resulted in unusual legal alliances during the appeal. The article also attempts to dispel at least some of the confusion surrounding the decision.


Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber Jan 1987

Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber

University of Michigan Journal of Law Reform

To amend the federal Constitution, we need the assent of two-thirds of each house of Congress and three-fourths of the states. This Article focuses on the three-fourths requirement for the states. This threshold is particularly high, and it suggests that constitutional amendment is very difficult. In fact, amendment is difficult in different degrees for different constituencies, depending not on their numbers but on where they live.


Washington's Partial Veto Power: Judicial Construction Of Article Iii, Section 12, Heidi A. Irvin Jan 1987

Washington's Partial Veto Power: Judicial Construction Of Article Iii, Section 12, Heidi A. Irvin

Seattle University Law Review

This Note recommends that the separate subject test employed by Washington courts in reviewing the constitutional validity of partial vetoes be abandoned like the affirmative-negative test before it. In the alternative, the Constitution should be amended to remove any perceived need for a subjective judicial test. As a last-choice solution to the problem of uncertainty and inefficiency in the legislative process, the legislature should use its override powers more extensively.


Church-State Relations And Religious Convictions, R. Kent Greenawalt Jan 1987

Church-State Relations And Religious Convictions, R. Kent Greenawalt

Cleveland State Law Review

My overall concern is with the proper place of religious convictions in lawmaking in our society. My special focus is on the place of religious convictions in the political resolution of church-state issues. Though I shall comment in passing on various constitutional issues, the main thrust of my comments also lies within the domain of political philosophy. I agree that the promotion of religious views and practices is not the business of the state in our society. Nevertheless, I strongly resist the idea that either this premise or any other premise underlying our liberal democracy requires good liberal citizens to …


An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan Jan 1987

An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan

Cleveland State Law Review

Political patronage dismissal is not a new phenomenon, but judicial recognition of claims specifically alleging improper dismissal based on political affiliation has occurred only within the last twenty years. While the federal circuit courts have struggled to establish a standard by which to adjudicate patronage dismissal cases, their struggles have resulted in a plethora of inconsistent conclusions. Neither has the Supreme Court constructed a sufficiently concrete test to determine when an employee is exempt from patronage dismissal. The Elrod test is flawed in not limiting dismissals to political policymakers, and the Branti test is inadequate as it delegates the selection …


Coming To Terms With Terrorism- Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby Jan 1987

Coming To Terms With Terrorism- Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby

Touro Law Review

No abstract provided.


Long V. Egnor: Reexamining The Law Of Defamation In The Context Of Public Officials, Phillip B. Scott Jan 1987

Long V. Egnor: Reexamining The Law Of Defamation In The Context Of Public Officials, Phillip B. Scott

West Virginia Law Review

No abstract provided.


Public Officials, Kurt L. Krieger Jan 1987

Public Officials, Kurt L. Krieger

West Virginia Law Review

No abstract provided.