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Full-Text Articles in Law
War, Responsibility, And The Age Of Terrorism, John C. Yoo
War, Responsibility, And The Age Of Terrorism, John C. Yoo
John C Yoo
This Article questions the widely-held view, expressed most clearly by John Hart Ely's War and Responsibility, that Congress must provide ex ante approval for all uses of force. It critiques Ely's approach, both his method of constitutional interpretation and his substantive goals for the war-making process. It proposes a different vision for war powers that provides more flexibility to the political branches. It then argues that a Congress-first process does not produce its desired substantive outcomes, and questions whether the costs and benefits of different war-making processes are sufficiently clear to cement one into place as a matter of constitutional …
The Peculiar Federal Marriage Amendment, Scott Dodson
The Peculiar Federal Marriage Amendment, Scott Dodson
Scott Dodson
In this essay, I discuss the Constitution's commitment to three themes--state power, individual liberty, and equality--and then demonstrate how the FMA is uniquely contrary to all three. I do not intend to go so far as to suggest that the FMA would be an "unconstitutional amendment," [FN8] if such things are possible, nor do I mean to suggest that same-sex marriage is or should be affirmatively protected by the Constitution. I mean only to suggest that proposed amendments that are contrary to existing constitutional themes should be scrutinized warily for thematic coherence. Because the FMA is contrary to three powerful …
Anthrax Hoaxes, Ira P. Robbins
Anthrax Hoaxes, Ira P. Robbins
Ira P. Robbins
Posible Inconstitucionalidad De La Nueva Ley De Acceso A La Información Pública, Juan Carlos Riofrío Martínez-Villalba
Posible Inconstitucionalidad De La Nueva Ley De Acceso A La Información Pública, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
No abstract provided.
La Solemnidad Del Mandato Para Ejecutar Actos Solemnes, Juan Carlos Riofrío Martínez-Villalba
La Solemnidad Del Mandato Para Ejecutar Actos Solemnes, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
No abstract provided.
¿Prevalecen Los Tratados Internacionales Sobre La Constitución? Propuesta De Una Doctrina No Extremista, Juan Carlos Riofrío Martínez-Villalba
¿Prevalecen Los Tratados Internacionales Sobre La Constitución? Propuesta De Una Doctrina No Extremista, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
No abstract provided.
Exporting The Constitution, Mark Rosen
Exporting The Constitution, Mark Rosen
Mark D. Rosen
If a foreign government enacts a law that would be unconstitutional if passed in the United States, can a foreign judgment based on that law be enforced in an American court? For example, can an American court enforce an English judgment based on English defamation law, which is more pro-plaintiff than the First Amendment permits American law to be? The same issue was presented by recent litigation involving Yahoo!, where a federal district court considered whether it could enforce a French judgment based on a French law that regulated hate speech more broadly than the First American allows American polities …
Is Indian Democracy Dependent On A Statute?, Shubhankar Dam
Is Indian Democracy Dependent On A Statute?, Shubhankar Dam
Shubhankar Dam
What is the status of a right to vote in the Indian legal system? Is the right a constitutional/fundamental right? Or is it simply a statutory right? Contrary to the decisions of the Supreme Court in the last five decades, this paper argues that the right to vote is a constitutional right: its textual foundation may be located in Article 326. And, in this sense, the Supreme Court has erred in construing the right to vote as a statutory right under the Representation of Peoples Act, 1951. Interpreting the right to vote as a statutory right has larger implications for …
Law School Diversity As A Compelling State Interest: Justice O'Connor's Application Of Strict Scrutiny And The Promise Of The U.S. Supreme Court's Ruling In Grutter V. Bollinger, James Johnston
James B Johnston
This article discuuses the landmark Grutter v. Bollinger decision in the the context of its ability to promote diversity both in academia and the workplace.
The Futile Quest For A System Of Judicial “Merit” Selection, Michael R. Dimino
The Futile Quest For A System Of Judicial “Merit” Selection, Michael R. Dimino
Michael R Dimino
Justice Thomas In Grutter V. Bollinger: Can Passion Play A Role In Judicial Reasoning?, Mary Kate Kearney
Justice Thomas In Grutter V. Bollinger: Can Passion Play A Role In Judicial Reasoning?, Mary Kate Kearney
Mary Kate Kearney
No abstract provided.
Reading Attitude In The Constitutional Wish, Kirk W. Junker
Reading Attitude In The Constitutional Wish, Kirk W. Junker
Kirk W Junker
In his essay "Opponents, Audiences, Constituencies, and Community," Edward W. Said throws down a gage to literary theorists and challenges them to break out of disciplinary ghettos, "to reopen the blocked social processes ceding objective representations (hence power) of the world to a small coterie of experts and their clients, to consider that the audience for literacy is not a closed circle of three thousand professional critics but the community of human beings living in society . . . ."' To the literary critic he admonishes: "When you discuss Keats or Shakespeare or Dickens, you may touch on political subjects, …
Implementing Nj's Anti-Terrorism Laws To Prevent Terrorist Financing: A Statutory Analysis Of The September 11, 2001 Anti-Terrorism Act, James B. Johnston
Implementing Nj's Anti-Terrorism Laws To Prevent Terrorist Financing: A Statutory Analysis Of The September 11, 2001 Anti-Terrorism Act, James B. Johnston
James B Johnston
The 9/11 hijackers received much of the money they used to implement their plan of murder by funnelling money sent to them by Al Qaeda opertives to banks located in NJ. As a result the NJ legislature signed off on powerful terrorist financing legislation when it passed the September 11, 2001 Anto Terrorism Act. This article provides a step by step analysis of these new statutes and discusses other state legislation that can allow law enforcement to confiscate money linked to terrorism.
Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam
Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam
Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam
Shubhankar Dam
Much of the debates on the legality of strikes under the Indian Constitution has been on the issue of a right to strike. This paper argues that the constitutionality of strikes may be analysed through the prism of duties, i.e. fundamental duties under Part IVA of the Constitution. Strikes were an integral part of the ideals that inspired India's national struggle against imperialism. And, in this sense, when article 51A exhorts Indians to cherish and follow the noble ideals that inspired our freedom struggle, it includes a fundamental duty to strike. Invoking the philosophy of Mahatma Gandhi, the paper argues …
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Mark Fenster
The Birth Of A "Logical System": Thurman Arnold And The Making Of Modern Administrative Law, Mark Fenster
The Birth Of A "Logical System": Thurman Arnold And The Making Of Modern Administrative Law, Mark Fenster
Mark Fenster
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins
Ira P. Robbins