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Articles 1 - 17 of 17
Full-Text Articles in Law
1996-97 Supreme Court Preview: Mock Arguments In Clinton V. Jones, Michael J. Gerhardt, Rodney A. Smolla
1996-97 Supreme Court Preview: Mock Arguments In Clinton V. Jones, Michael J. Gerhardt, Rodney A. Smolla
William & Mary Bill of Rights Journal
No abstract provided.
The Fda And The Biotechnology Indutry: A Symbiotic Relationship?, Tanya E. Karwaki
The Fda And The Biotechnology Indutry: A Symbiotic Relationship?, Tanya E. Karwaki
Washington Law Review
Food and Drug Administration (FDA) regulatory reform has become a controversial, politically charged issue of particular significance to the biotechnology industry. The fundamental factors driving the movement for FDA reform include the prohibitive costs associated with developing a product approved by the FDA and the pressure to participate in the international harmonization of biotechnology product regulations. Two recent Congressional bills, Senator Kassebaum's Food and Drug Administration Performance and Accountability Act of 1995, and Representative Burr's Drug and Biological Products Reform Act of 1996 provide vehicles for analyzing the direction and goals of FDA reform as they apply specifically to the …
Executive-Branch Rulemaking And Dispute Settlement In The World Trade Organization: A Proposal To Increase Public Participation, Aubry D. Smith
Executive-Branch Rulemaking And Dispute Settlement In The World Trade Organization: A Proposal To Increase Public Participation, Aubry D. Smith
Michigan Law Review
This Note argues that, because the Executive Branch increasingly will be promulgating domestic regulatory rules intended to comply with the rules of the world-trading system, it is necessary to increase formal oversight of the Executive Branch's role in that context. Part I argues that the United States' participation in the WTO implies a substantial increase in the impact of foreign policy on domestic policy. Part II points out a loophole in Congress's attempt to compensate for this increase by installing various devices to ensure political oversight of the Executive: the Executive Branch is subject, under the Uruguay Round Agreements Act …
Pragmatism And Parity In Appointments, Yxta Maya Murray
Pragmatism And Parity In Appointments, Yxta Maya Murray
Michigan Journal of Gender & Law
This review uses Carter's two foci as a springboard for analyzing the Article II, Section II appointment process. First, Carter's discussion of indecency in modern appointments may be a valuable theoretical insight into the process instead of a mere sociological observation. "Indecency" in appointments, or what is known as "borking" in Carter parlance, may also be a symptom of race and gender bias in the administration of the Article II, Section II power. To ameliorate the effects of this bias, I suggest the incorporation of pragmatism (a thread of philosophical and legal thought) and parity concepts into the existing appointments …
The U.S. Presidency: Fostering Global Free Trade Through Minilateral Free Trade Agreeements With Germany And Japan, J.R. Smith
Richmond Journal of Law and the Public Interest
The U.S. Presidency: Fostering Global Free Trade Through Minilateral Free Trade Agreements with Germany and Japan argues that global free trade will be better served by agreements of substance among fewer countries than by agreements of form among many countries. Specifically, the article addresses problems with the General Agreement on Tariffs and Trade (GATT) and argues that the goal of global free trade is more easily achieved through bilateral agreements between the United States and Germany, and the United States and Japan. The article concludes that such bilateral agreements, and the ultimate goal of global free trade, can be realized …
Jones V. Clinton And Presidential Immunity, Braxton Hill
Jones V. Clinton And Presidential Immunity, Braxton Hill
Richmond Journal of Law and the Public Interest
On May 6, 1994, Paula Corbin Jones set in motion events that could alter the legal status of the office of the President of the United States. Ms. Jones filed a lawsuit against William Jefferson Clinton, the sitting President, because of sexual improprieties he allegedly committed while serving as Governor of Arkansas. As of January 1996, the case had already worked its way up the judicial ladder from the trial court to the first appellate level. Jones v. Clinton is poised to come before the United States Supreme Court, which could address unexplored areas of presidential jurisprudence--the body of legal …
Jones V. Clinton:Reconsidering Presidential Immunity, Amy Marshall
Jones V. Clinton:Reconsidering Presidential Immunity, Amy Marshall
Richmond Journal of Law and the Public Interest
Part I sets out the basic concepts of immunity, both absolute and qualified, and proceeds to provide the relevant historical precedent regarding legislative, judicial, and executive immunity. The discussion regarding executive immunity covers Supreme Court precedent from 1895 to the watershed case of Nixon v. Fitzgerald in 1982. Part I focuses on Nixon v. Fitzgerald because both the district court and the court of appeals rely most heavily on this case in their respective opinions in Jones v. Clinton. Part II discusses the district court and the court of appeals opinions in Jones v. Clinton. Part III presents the argument …
From The Covenant To The Contract:Rhetoric And Meaning In The American Presidency, Dean C. Hammer
From The Covenant To The Contract:Rhetoric And Meaning In The American Presidency, Dean C. Hammer
Richmond Journal of Law and the Public Interest
My concern here is not with explaining why the "New Covenant" failed to capture the political imagination of the electorate; rather, my interest lies in how the covenant as a political symbol was analyzed by both the media and scholarship. My suggestion is that this treatment is itself symbolic of a far deeper dilemma that faces not only President Clinton but also future presidents. The problem is this: at the same time that the public turns increasingly to the President to provide a "vision" of a common purpose and direction to government and society, the articulation of that vision rests …
The U.S. Presidency: Fostering Global Free Trade Through Minilateral Free Trade Agreeements With Germany And Japan, J.R. Smith
Richmond Public Interest Law Review
The U.S. Presidency: Fostering Global Free Trade Through Minilateral Free Trade Agreements with Germany and Japan argues that global free trade will be better served by agreements of substance among fewer countries than by agreements of form among many countries. Specifically, the article addresses problems with the General Agreement on Tariffs and Trade (GATT) and argues that the goal of global free trade is more easily achieved through bilateral agreements between the United States and Germany, and the United States and Japan. The article concludes that such bilateral agreements, and the ultimate goal of global free trade, can be realized …
Executive/Congressional Liason In A Post Cold War Era, Anthony J. Eksterowicz, Glenn P. Hastedt
Executive/Congressional Liason In A Post Cold War Era, Anthony J. Eksterowicz, Glenn P. Hastedt
Richmond Journal of Law and the Public Interest
While it is true that presidents can and will attempt to practice domination of the Congress when making public policy, the nature of the new environment makes it less likely that they will regularly succeed. Because of the complexity of issues, there is a need to revisit the mechanics of executive/legislative liaisons in this new era. This essay represents such an attempt. First, we examine the changes that impact presidential policy-making in the post-Cold War era. Second, we review the ongoing debate in presidential literature concerning executive dominance over the Congress. Third, we briefly examine the modern history of presidential/congressional …
Foreign Policy: Can The President Act Alone?Gaps And Conflicts In The Constitutional Grants Of Power, Dana C. Makielski
Foreign Policy: Can The President Act Alone?Gaps And Conflicts In The Constitutional Grants Of Power, Dana C. Makielski
Richmond Journal of Law and the Public Interest
The Framers did not intend the Constitution to be an all-inclusive "bill of lading," for we cannot forget John Marshall's famous admonition "that it is a constitution we are expounding."' Nonetheless, there are many large gaps and conflicts in the allocation of power among the three branches, most in the area of foreign relations, that have caused serious problems for our nation's leaders and constitutional scholars over the past two centuries. How have our presidents reacted? Certainly the President can and has acted on his own in negotiating, enacting, and implementing foreign policy, despite the lack of any express executive …
The Third House Of Congress Versus The Fourth Branch Of Government: The Impact Of Congressional Committee Staff On Agency Regulatory Decision-Making, 19 J. Marshall L. Rev. 247 (1986), James P. Hill
UIC Law Review
No abstract provided.
From The Covenant To The Contract:Rhetoric And Meaning In The American Presidency, Dean C. Hammer
From The Covenant To The Contract:Rhetoric And Meaning In The American Presidency, Dean C. Hammer
Richmond Public Interest Law Review
My concern here is not with explaining why the "New Covenant" failed to capture the political imagination of the electorate; rather, my interest lies in how the covenant as a political symbol was analyzed by both the media and scholarship. My suggestion is that this treatment is itself symbolic of a far deeper dilemma that faces not only President Clinton but also future presidents. The problem is this: at the same time that the public turns increasingly to the President to provide a "vision" of a common purpose and direction to government and society, the articulation of that vision rests …
Jones V. Clinton And Presidential Immunity, Braxton Hill
Jones V. Clinton And Presidential Immunity, Braxton Hill
Richmond Public Interest Law Review
On May 6, 1994, Paula Corbin Jones set in motion events that could alter the legal status of the office of the President of the United States. Ms. Jones filed a lawsuit against William Jefferson Clinton, the sitting President, because of sexual improprieties he allegedly committed while serving as Governor of Arkansas. As of January 1996, the case had already worked its way up the judicial ladder from the trial court to the first appellate level. Jones v. Clinton is poised to come before the United States Supreme Court, which could address unexplored areas of presidential jurisprudence--the body of legal …
Jones V. Clinton:Reconsidering Presidential Immunity, Amy Marshall
Jones V. Clinton:Reconsidering Presidential Immunity, Amy Marshall
Richmond Public Interest Law Review
Part I sets out the basic concepts of immunity, both absolute and qualified, and proceeds to provide the relevant historical precedent regarding legislative, judicial, and executive immunity. The discussion regarding executive immunity covers Supreme Court precedent from 1895 to the watershed case of Nixon v. Fitzgerald in 1982. Part I focuses on Nixon v. Fitzgerald because both the district court and the court of appeals rely most heavily on this case in their respective opinions in Jones v. Clinton. Part II discusses the district court and the court of appeals opinions in Jones v. Clinton. Part III presents the argument …
Executive/Congressional Liason In A Post Cold War Era, Anthony J. Eksterowicz, Glenn P. Hastedt
Executive/Congressional Liason In A Post Cold War Era, Anthony J. Eksterowicz, Glenn P. Hastedt
Richmond Public Interest Law Review
While it is true that presidents can and will attempt to practice domination of the Congress when making public policy, the nature of the new environment makes it less likely that they will regularly succeed. Because of the complexity of issues, there is a need to revisit the mechanics of executive/legislative liaisons in this new era. This essay represents such an attempt. First, we examine the changes that impact presidential policy-making in the post-Cold War era. Second, we review the ongoing debate in presidential literature concerning executive dominance over the Congress. Third, we briefly examine the modern history of presidential/congressional …
Foreign Policy: Can The President Act Alone?Gaps And Conflicts In The Constitutional Grants Of Power, Dana C. Makielski
Foreign Policy: Can The President Act Alone?Gaps And Conflicts In The Constitutional Grants Of Power, Dana C. Makielski
Richmond Public Interest Law Review
The Framers did not intend the Constitution to be an all-inclusive "bill of lading," for we cannot forget John Marshall's famous admonition "that it is a constitution we are expounding."' Nonetheless, there are many large gaps and conflicts in the allocation of power among the three branches, most in the area of foreign relations, that have caused serious problems for our nation's leaders and constitutional scholars over the past two centuries. How have our presidents reacted? Certainly the President can and has acted on his own in negotiating, enacting, and implementing foreign policy, despite the lack of any express executive …