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Articles 1 - 9 of 9
Full-Text Articles in Law
Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman
Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman
Articles & Chapters
While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions when circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts …
Introduction (Symposium: Seeking Review: Immigration Law And Federal Court Jurisdiction), Lenni B. Benson
Introduction (Symposium: Seeking Review: Immigration Law And Federal Court Jurisdiction), Lenni B. Benson
Articles & Chapters
No abstract provided.
Judicial Review Under The Immigration And Nationality Act: Habeas Corpus And The Coming Of Real Id (1996-2005), David M. Mcconnell
Judicial Review Under The Immigration And Nationality Act: Habeas Corpus And The Coming Of Real Id (1996-2005), David M. Mcconnell
NYLS Law Review
No abstract provided.
The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom
The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom
NYLS Law Review
No abstract provided.
The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr.
The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
The ‘New World’ Of Judicial Review Of Removal Orders, Lenni B. Benson
The ‘New World’ Of Judicial Review Of Removal Orders, Lenni B. Benson
Articles & Chapters
No abstract provided.
Judicial Review Of Fcc Action, Michael Botein
Judicial Review Of Fcc Action, Michael Botein
Articles & Chapters
No abstract provided.
Ashbacker Rites In Administrative Practice: A Case Study Of Broadcast Regulation., Jacob W. Mayer, Michael Botein
Ashbacker Rites In Administrative Practice: A Case Study Of Broadcast Regulation., Jacob W. Mayer, Michael Botein
Articles & Chapters
No abstract provided.
Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman
Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman
Articles & Chapters
The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.