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Full-Text Articles in Law
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.
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.
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.
“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.