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Articles 1 - 13 of 13
Full-Text Articles in Law
Changing Conceptions Of Administration, Cass R. Sunstein
Changing Conceptions Of Administration, Cass R. Sunstein
BYU Law Review
No abstract provided.
Federalism: Legal Fiction And Historical Artifact?, Harold M. Hyman
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
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
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
"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
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
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
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
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
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
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
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