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Articles 1 - 30 of 44
Full-Text Articles in Law
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel
Law and Contemporary Problems
The confirmation process for Supreme Court justices is examined as a form of indirect constitutional interpretation by the Senate. Recent confirmation struggles are used as examples.
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Law and Contemporary Problems
The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting.
The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller
The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller
Law and Contemporary Problems
No abstract provided.
Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams
Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams
Law and Contemporary Problems
Military exclusion policies have been challenged by straight women, gays and lesbians. Questions about the arguments and the institutional mechanisms through which change can best be achieved are discussed.
At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin
At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin
Law and Contemporary Problems
The suicide of the Deputy Counsel Vincent Foster focused new attention on the office of White House Counsel. The role of the counsel in constitutional policy is discussed.
Black And White Images, John H. Garvey
Black And White Images, John H. Garvey
Law and Contemporary Problems
Whether the National Endowment for the Arts can control the content of speech that it pays for is a hard First Amendment question. The way in which Congress has tried to answer it is discussed.
Disagreement And Interpretation, Robert F. Nagel
Disagreement And Interpretation, Robert F. Nagel
Law and Contemporary Problems
The question of what weight--if any--courts should give to elected government resistance to court decisions is examined. A principle is sought that explains why courts should not consider local resistance when deliberating on constitutional questions.
Artists And Unconstitutional Conditions: The Big Bad Wolf Won’T Subsidize Little Red Riding Hood’S Indecent Art, Michael J. Elston
Artists And Unconstitutional Conditions: The Big Bad Wolf Won’T Subsidize Little Red Riding Hood’S Indecent Art, Michael J. Elston
Law and Contemporary Problems
Recent developments in the area of academic freedom and artistic expression are examined, considering First Amendment protection for artistic expression as well as the particular problem of government funding of the arts.
The Lawmaking Congress, Roger H. Davidson
The Lawmaking Congress, Roger H. Davidson
Law and Contemporary Problems
General guidelines for understanding how the task of framing and reviewing constitutional issues is approached by senators and representatives in Congress are presented.
Voting Rights And The “Statutory Constitution”, Peter M. Shane
Voting Rights And The “Statutory Constitution”, Peter M. Shane
Law and Contemporary Problems
The appeal of regarding certain statutes as having constitutional status is discussed. The possibility that certain statutes may lay claim to expressing fundamental law in a way that entitles them to be included within the range of material relevant to constitutional interpretation is examined.
The Legislative Veto: Invalidated, It Survives, Louis Fisher
The Legislative Veto: Invalidated, It Survives, Louis Fisher
Law and Contemporary Problems
The Supreme Court's decision in "INS vs Chadha" is examined, and the origins of the legislative veto and its traditional place in the lawmaking process is discussed.
Foreword, Neal Devins
Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis
Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis
Law and Contemporary Problems
A model of institutional rational choice is presented to describe the actual practice of the separation of powers, and the model is illuminated by examining the accommodation in the foreign policy and war powers area and the manner in which it reflects the balance of interests among the branches.
Constitutional Equity And The Innovative Tradition, William T. Quillen
Constitutional Equity And The Innovative Tradition, William T. Quillen
Law and Contemporary Problems
It is argued that the court's status as a general equity court with constitutionally vested jurisdiction has benefitted the legal system. The Delaware court of chancery is an example of an equity court that resolves complex disputes expeditiously and lets the litigants move on.
The Triumph Of Equity, Douglas Laycock
The Triumph Of Equity, Douglas Laycock
Law and Contemporary Problems
It is argued that the equitable remedies of injunction and specific performance have become routine in many legal contexts. This claim is supported by an overview of the contributions of equity to remedies, procedure and substantive law and to contemporary attitudes toward discretion and formalism.
The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow
The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow
Law and Contemporary Problems
In Australia, as in the US, the injunction is rapidly losing its character as an extraordinary equitable remedy. Provisions in Australian constitutional law that pertain to the law of injunctions are discussed.
Death By Default, James Lindgren
Death By Default, James Lindgren
Law and Contemporary Problems
It is argued that most people would prefer that their lives not be artificially prolonged and that, in the absence of evidence that a particular person would have preferred otherwise, courts should permit life support to be withdrawn. A counter argument is presented.
Defining The Right To Die, David M. English
Defining The Right To Die, David M. English
Law and Contemporary Problems
No abstract provided.
“Cardozo’S Foot”: The Chancellor’S Conscience And Constructive Trusts, H. Jefferson Powell
“Cardozo’S Foot”: The Chancellor’S Conscience And Constructive Trusts, H. Jefferson Powell
Law and Contemporary Problems
The "chancellor's foot" is a term coined by English legal scholar John Selden for the argument that equity is an unjustified and unfortunate interference in the regular course of the rule of law. This issue is examined by focusing on a particular doctrine of equity, the constructive trust, and on a seminal figure in the development of the modern US understanding of constructive trusts, Benjamin Cardozo.
No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr.
No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr.
Law and Contemporary Problems
Prominent areas in which the US Supreme Court has denied equitable relief are examined, demonstrating the limited nature of equity's "triumph" in federal public law. The rationale behind the trend away from equity in such decisions is discussed.
Professor Scheppele’S Middle Way: On Minimizing Normativity And Economics In Securities Law, William T. Allen
Professor Scheppele’S Middle Way: On Minimizing Normativity And Economics In Securities Law, William T. Allen
Law and Contemporary Problems
No abstract provided.
“It’S Just Not Right”: The Ethics Of Insider Trading, Kim Lane Scheppele
“It’S Just Not Right”: The Ethics Of Insider Trading, Kim Lane Scheppele
Law and Contemporary Problems
The Supreme Court doctrine defining insider trading and a competing theory called the misappropriation theory are criticized, focusing on the case of "United States vs Chestman." A counter-argument is presented.
Remember The Alamo[Ny]! The Unique Texas Ban On Permanent Alimony And The Development Of Community Property Law, James W. Paulsen
Remember The Alamo[Ny]! The Unique Texas Ban On Permanent Alimony And The Development Of Community Property Law, James W. Paulsen
Law and Contemporary Problems
No abstract provided.
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Law and Contemporary Problems
The characterization of the rents, issues and profits from separate property brought into or acquired during marriage is discussed. There has been no comprehensive treatment of this issue in community property case law and literature in recent years.
Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham
Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham
Law and Contemporary Problems
The systems that have been created in community property states to address the management of various types of community property are surveyed, and an optimal managment system for marital property is recommended.
Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight
Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight
Law and Contemporary Problems
A senselessly rigid interpretation of a provision in the Texas consititution referring to a married woman's separate property has hampered development of community property law. The state's addressing of this issue is discussed.
Identifying And Valuing Goodwill At Divorce, Grace Ganz Blumberg
Identifying And Valuing Goodwill At Divorce, Grace Ganz Blumberg
Law and Contemporary Problems
A generally accepted economic and accounting definition of goodwill is presented. Divorce-related issues of goodwill are discussed.