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Full-Text Articles in Law
Judicial Review And Its Alternatives: An American Tale, Daniel A. Farber
Judicial Review And Its Alternatives: An American Tale, Daniel A. Farber
Daniel A Farber
No abstract provided.
Observations On The Guarantee Clause - As Thoughtfully Addressed By Justice Linde And Professor Eule, Jesse H. Choper
Observations On The Guarantee Clause - As Thoughtfully Addressed By Justice Linde And Professor Eule, Jesse H. Choper
Jesse H Choper
No abstract provided.
Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo
Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo
Jesse H Choper
No abstract provided.
Why The Supreme Court Should Not Have Decided The Presidential Election Of 2000, Jesse H. Choper
Why The Supreme Court Should Not Have Decided The Presidential Election Of 2000, Jesse H. Choper
Jesse H Choper
This short article briefly discusses the two substantive issues in Bush v. Gore. Its major thesis, however, is that the proper role of judicial review dictates the conclusion that the Court's adjudication was unnecessary and unwise, creating a popular perception of partisanship by the Judicial Branch that carries the threat of diminishing the Court's public trust and confidence and endangering its overall effectiveness. The process for contesting the vote was working, to the extent litigation 'works.' The problem was not with the process, imperfect as it was, but that the election produced a statistical dead heat. Although the litigation in …
State Taxation And The Dormant Commerce Clause: The Object-Measure Approach, Jesse H. Choper, Tung Yin
State Taxation And The Dormant Commerce Clause: The Object-Measure Approach, Jesse H. Choper, Tung Yin
Jesse H Choper
Develops a workable approach for the application of judicial reviews under the Dormant Commerce Clause in the United States. History of the Supreme Court's review of state taxation that affects interstate commerce; Analysis on the problems of Complete Auto test; Application of the object-measure approach without radical modification of Supreme Court doctrine.
Taming Congress's Power Under The Commerce Clause: What Does The Near Future Portend, Jesse H. Choper
Taming Congress's Power Under The Commerce Clause: What Does The Near Future Portend, Jesse H. Choper
Jesse H Choper
No abstract provided.
Federalism And Judicial Review: An Update, Jesse H. Choper
Federalism And Judicial Review: An Update, Jesse H. Choper
Jesse H Choper
No abstract provided.
Constitutional Standing In Singapore: A Comment On Tan Eng Fong V Attorney General, Shubhankar Dam
Constitutional Standing In Singapore: A Comment On Tan Eng Fong V Attorney General, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Criminal Wrongs And Constitutional Rights: A View From India, Shubhankar Dam
Criminal Wrongs And Constitutional Rights: A View From India, Shubhankar Dam
Shubhankar Dam
This essay offers an overview of how ideas of constitutionalism, rule of law and fundamental rights contributed to the development of criminal law in India. Various courts, and the Supreme Court in particular, have summoned these broad constitutional concepts to understand, interpret and develop criminal law doctrines. But they are also drawing on these concepts to increasingly address “structural” issues of the criminal justice system - the very apparatus responsible for implementing the doctrines.
What Is Intermediate Legislative Power?, Shubhankar Dam
What Is Intermediate Legislative Power?, Shubhankar Dam
Shubhankar Dam
The President in India’s parliamentary system is authorized to promulgate legislation under Article 123.1 While such legislation, or ‘ordinances’, enjoy the same force and effect as Acts, they are distinct in some ways. First, ordinances lack legislative deliberation: the President promulgates them ‘except when both Houses of Parliament are in session’. Secondly, it depends on the President’s satisfaction that ‘circumstances exist that render it necessary for him to take immediate action’. And they are transient: ordinances cease to operate on the expiry of six weeks from the reassembly of Parliament unless withdrawn earlier or formally enacted into law. Ordinances, then, …
Public Law And Public Resources In India, Shubhankar Dam
Public Law And Public Resources In India, Shubhankar Dam
Shubhankar Dam
No abstract provided.