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Full-Text Articles in Law
Federalism As A Safeguard Of The Separation Of Powers, Jessica Bulman-Pozen
Federalism As A Safeguard Of The Separation Of Powers, Jessica Bulman-Pozen
Faculty Scholarship
States frequently administer federal law, yet scholars have largely overlooked how the practice of cooperative federalism affects the balance of power across the branches of the federal government. This Article explains how states check the federal executive in an era of expansive executive power and how they do so as champions of Congress, both relying on congressionally conferred authority and casting themselves as Congress's faithful agents. By inviting the states to carry out federal law, Congress, whether purposefully or incidentally, counteracts the tendency of statutory ambiguity and broad delegations of authority to enhance federal executive power. When states disagree with …
The End Of Al Qaeda? Rethinking The Legal End Of The War On Terror, Adam Klein
The End Of Al Qaeda? Rethinking The Legal End Of The War On Terror, Adam Klein
National Security Law Program
As the war on terrorism approaches its second decade, the open-ended nature of the 2001 Authorization for the Use of Military Force (AUMF) has given rise to the legal question of when, and how, the conflict will end. The indeterminate nature of the conflict has raised fears that the war powers will continue to be exercised indefinitely-a prospect noted with concern by the Supreme Court in Boumediene v. Bush. The prevailing view among legal scholars is that under existing precedents, the AUMF and the concomitant war powers will continue indefinitely in force until the political branches officially declare the …
Beyond The Best Interests Of The Child, Joanna B. Strauss, Peter Strauss
Beyond The Best Interests Of The Child, Joanna B. Strauss, Peter Strauss
Faculty Scholarship
Identifying just principles for minimizing and resolving disputes over child custody remains one of the law's knots. King Solomon's renowned gambit for resolving the claims of two women to a newborn child was in fact the easy case: only one of the two contenders had a just claim; only one of the two contenders was prepared to be responsible; and in that first of reported cases, the judge had the advantage of surprise. Yet where each potential custodian has a claim, where each is equally prepared (or unprepared) to sacrifice his interests for the child, and where the rules of …
"Public Policy" In The Conflict Of Laws, Monrad G. Paulsen, Michael I. Sovern
"Public Policy" In The Conflict Of Laws, Monrad G. Paulsen, Michael I. Sovern
Faculty Scholarship
In deciding a conflict of laws question, a judge will sometimes say, "The foreign law ordinarily applicable will not be applied in this case because to do so would violate our public policy." The textwriters, language in the cases, and the Restatement agree: the "normal" operation of choice of law rules is subject to a "public policy" limitation. This paper is an attempt to explore the meanings and significance of "public policy," used in this general way, in the conflict of laws.