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Attorney General's Remarks, Benjamin N. Cardozo School Of Law, November 15, 1992, William P. Barr

Cardozo Law Review

While the modem Attorney General is active in a broad array of policy decisions and legal matters, this evening we are concerned only with what was once the core of the Attorney General's duties: legal interpretation within the executive branch. First, I would like to trace the evolution of the office of Attorney General from part-time legal advisor for the new government to head of a major department involved in making policy across a broad range of subjects. Second, I want to discuss the Attorney General's role in interpreting the law, both in rendering legal advice to the executive branch …

The Unitary Executive In A Unified Theory Of Constituional Law: The Problem Of Interpretation, Geoffrey P. Miller

Cardozo Law Review

Among theoretical issues in the area of federal separation of powers, the status of the Unitary Executive may be the most controversial: To what extent does the Constitution establish the President as a national chief executive with ultimate authority over activities of national administration? In this paper, I propose a model of the Unitary Executive which differs in some respects from prior work, including my own work on independent agencies, which I now view as incomplete. The model is grounded in a unified theory of constitutional law-i.e., a theory that includes issues both of rights and of structure within a …

Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael Fitts

Cardozo Law Review

Over the past few years public law debates have invariably focused on the relative significance of legal institutions as expressed in formal legislative and administrative structures versus everyday politics in the resolution of policy questions. This emphasis has been particularly evident in the examination of the appropriate structure and distribution of responsibility for administrative decision making, in general, and presidential authority versus agency autonomy, in particular.

The Brief (The 1993 Alumni Magazine), Southern Methodist University, School Of Law

The Brief (Law Alumni Magazine), 1965-2002

• SMU School of Law in the International Arena
• Looking at the Law Through the Empirical Lens
• The Equal "Treatment Clause, Gender, and a Protection-Based Theory of Equality

Models Of The Opinion Function Of The Attorney General: A Normative, Descriptive, And Historical Prolegomenon, John O. Mcginnis

Cardozo Law Review

The judiciary is not the only branch of government that offers authoritative constructions of the Constitution and other federal laws. Since the beginning of the Republic, the executive branch has made formal pronouncements on constitutional and statutory issues of such a substantial scope and variety that they rival the opinions of the Supreme Court. A public recording of the executive branch's most authoritative legal voice is contained in forty-three volumes of published opinions of the Attorney General and sixteen volumes of published opinions of the Office of Legal Counsel ("OLC")-the office to which the Attorney General now delegates the great …

Constructing An Ideal Of Public Reason, Lawrence B. Solum

Faculty Scholarship

In deciding to what ideal citizens should aspire in political debate, some people contend that an ideal of political morality should mirror the freedom of expression. This Article undertakes the construction of an ideal of public reason. It begins with an investigation of the term "public reason." The author considers various possibilities for an ideal or normative standard of public reason. As each option is considered, some possible formulations are discarded and additional specifications are added. He concludes with the ideal that is constructed through this process of elaboration, evaluation, and elimination.

The Opinion Volume 34 Number 2 – September 21, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 21, 1993

The Opinion Volume 34 Number 1 – September 8, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 8, 1993

The Future Of Our Past: The Legal Mind And The Legacy Of Classical Common-Law Thought, Donald H. Gjerdingen

Indiana Law Journal

No abstract provided.

Baseline Problems In Assessing Chapter 11, Theodore Eisenberg

Cornell Law Faculty Publications

Dealing with failing businesses is like dealing with failing marriages. It is messy. The bigger the business the messier the process is likely to be. Many big business failures in the United States go through their death throes or cure their ills in reorganizations under Chapter 11 of the Bankruptcy Act. As the vehicle in which big business messes travel, Chapter 11 is viewed as unnecessarily complex, time-consuming, and costly. The justification for Chapter 11's very existence has been challenged.

This article suggests that we are blaming the vehicle for the mess that it carries. Much of what is problematic …

Legal Policy, Technique And Research In Family Law—Some Comparative Aspects, Anders Agell

Brigham Young University Journal of Public Law

No abstract provided.

A Tale Of Two Rivers, Carol M. Rose

Michigan Law Review

A Review of The Green Cathedral: Sustainable Development of Amazonia by Juan de Onis and Nature Incorporated: Industrialization and the Waters of New England by Theodore Steinberg

Strangers On A Train, Peirre N. Leval

Michigan Law Review

A Review of Make No Law: The Sullivan Case and the First Amendment by Anthony Lewis

Repossession: Of History, Poverty, And Dissent, Martha Minow

Michigan Law Review

A Review of The Dispossessed: America's Underclasses from the Civil War to the Present by Jacqueline Jones

Transforming History In The Postmodern Era, G. Edward White

Michigan Law Review

A Review of The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy by Morton J. Horwitz

Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman

Michigan Law Review

A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.

"Take This Job And Shove It": The Rise Of Free Labor, Jonathan A. Bush

Michigan Law Review

A Review of The Invention of Free Labor: The Employment Relation in English and American Law and Culture, 1350-1870 by Robert J. Steinfeld

Intellectual History, Probability, And The Law Of Evidence, Peter Tillers

Michigan Law Review

A Review of "Beyond Reasonable Doubt" ad "Probable Cause": Historical Perspectives on the Anglo-American Law of Evidence by Barbara J. Shapiro

The Opinion Volume 33 Number 16 – April 22, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 22, 1993

The Political Process As Final Solution, Charles M. Freeland

Indiana Law Journal

No abstract provided.

Federalism That Failed: Reflections On The Disintegration Of Czechoslovakia, Katarina Mathernova

Cardozo Journal of International and Comparative Law

No abstract provided.

Ideology And The Emergence Of Legal Aid In Saskatchewan, Jennie Abell

Dalhousie Law Journal

My work at Saskatchewan legal aid (from 1978 to 1982) generated questions for me about law and social change, and about the origins of legal aid in the context of the expansion of the welfare state. I examined the history of legal aid under the N.D.P. in Saskatchewan from 1974-1982 in an earlier work.' I concluded that the Saskatchewan N.D.P did not significantly differ from other provincial parties in its handling of legal aid during that period, and in that sense that legal aid as it was elaborated under a social democratic government was not fundamentally altered.

The Opinion Volume 33 Number 15 – March 30, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 30, 1993. Includes Onion spoof issue overwrap.

The Opinion Volume 33 Number 14 – March 18, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 18, 1993

The Opinion Volume 33 Number 13 – March 3, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 3, 1993

Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo

Washington and Lee Law Review

No abstract provided.

The Opinion Volume 33 Number Se – February 22, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 22, 1993

The Opinion Volume 33 Number 12 – February 15, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 15, 1993

The Opinion Volume 33 Number 11 – February 10, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 10, 1993

The Opinion Volume 33 Number 10 – February 3, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 3, 1993