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Articles 1 - 21 of 21

Full-Text Articles in Law

Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown Jun 2021

Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown

William & Mary Bill of Rights Journal

Building on the work of administrative law scholars who have identified and illuminated the several components of the problem over the years, this Article will seek to show what has happened when a cluster of separate circumstances have come together to create a new and serious threat to individual liberty when the President exercises expansive delegated authority. Several doctrinal components lead to this confluence: First, the moribund “intelligible principle” test has evolved to provide little or no constraint on this or any other delegation. Second, a delegation to the President, specifically, is not subject to the procedural requirements of the …


Understanding The Spirit Of The Constitution On Corruption: Emoluments, Impeachment, And The Primacy Of Political Virtue, Lea Mano Jun 2020

Understanding The Spirit Of The Constitution On Corruption: Emoluments, Impeachment, And The Primacy Of Political Virtue, Lea Mano

William & Mary Bill of Rights Journal

No abstract provided.


The Rhetoric Of Constitutional Absolutism, Eric Berger Feb 2015

The Rhetoric Of Constitutional Absolutism, Eric Berger

William & Mary Law Review

Though constitutional doctrine is famously unpredictable, Supreme Court Justices often imbue their constitutional opinions with a sense of inevitability. Rather than concede that evidence is sometimes equivocal, Justices insist with great certainty that they have divined the correct answer. This Article examines this rhetoric of constitutional absolutism and its place in our broader popular constitutional discourse. After considering examples of the Justices’ rhetorical performances, this Article explores strategic, institutional, and psychological explanations for the phenomenon. It then turns to the rhetoric’s implications, weighing its costs and benefits. This Article ultimately argues that the costs outweigh the benefits and proposes a …


General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark Feb 2013

General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark

William & Mary Law Review

No abstract provided.


Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland Mar 2011

Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland

William & Mary Bill of Rights Journal

Enforcing federalism is most commonly thought to involve the search for a
constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution’s commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress
has exceeded its authority in reenacting the Voting Rights Act’s preclearance requirements. …


All Bark And No Bite: A Modern Evidentiary Argument For The Retirement Of The Age-Old Pennsylvania Rule, Bin Wang May 2008

All Bark And No Bite: A Modern Evidentiary Argument For The Retirement Of The Age-Old Pennsylvania Rule, Bin Wang

William & Mary Law Review

No abstract provided.


Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii Mar 2008

Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii

William & Mary Law Review

No abstract provided.


What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson Mar 2008

What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson

William & Mary Law Review

No abstract provided.


Post-Conflict Rule Of Law Building: The Need For A Multi-Layered, Synergistic Approach, Jane Stromseth Mar 2008

Post-Conflict Rule Of Law Building: The Need For A Multi-Layered, Synergistic Approach, Jane Stromseth

William & Mary Law Review

No abstract provided.


Invoking The Rule Of Law In Post-Conflict Rebuilding: A Critical Examination, Balakrishnan Rajagopal Mar 2008

Invoking The Rule Of Law In Post-Conflict Rebuilding: A Critical Examination, Balakrishnan Rajagopal

William & Mary Law Review

No abstract provided.


Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane Oct 2007

Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane

William & Mary Bill of Rights Journal

No abstract provided.


Reaching Out To The Rule Of Law: China's Continuing Efforts To Develop An Effective Environmental Law Regime, Richard J. Ferris, Hongjun Zhang Feb 2003

Reaching Out To The Rule Of Law: China's Continuing Efforts To Develop An Effective Environmental Law Regime, Richard J. Ferris, Hongjun Zhang

William & Mary Bill of Rights Journal

No abstract provided.


Introduction To The Symposium: The Rule Of Law Of China, Lan Cao Feb 2003

Introduction To The Symposium: The Rule Of Law Of China, Lan Cao

William & Mary Bill of Rights Journal

No abstract provided.


Environmental Law With Chinese Characteristics, Eric W. Orts Feb 2003

Environmental Law With Chinese Characteristics, Eric W. Orts

William & Mary Bill of Rights Journal

No abstract provided.


Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola Feb 2003

Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola

William & Mary Bill of Rights Journal

No abstract provided.


The U.S.-China Rule Of Law Initiative, Paul Gewirtz Feb 2003

The U.S.-China Rule Of Law Initiative, Paul Gewirtz

William & Mary Bill of Rights Journal

No abstract provided.


Civil Rights And Civil Liberties: Whose "Rule Of Law"?, William W. Van Alstyne Feb 2003

Civil Rights And Civil Liberties: Whose "Rule Of Law"?, William W. Van Alstyne

William & Mary Bill of Rights Journal

No abstract provided.


Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman Dec 2002

Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman

William & Mary Law Review

No abstract provided.


The Separation Of Powers And The Rule Of Law: The Virtues Of "Seeing The Trees", Peter M. Shane Feb 1989

The Separation Of Powers And The Rule Of Law: The Virtues Of "Seeing The Trees", Peter M. Shane

William & Mary Law Review

No abstract provided.


Separation Of Powers, The Rule Of Law And The Idea Of Independence, Paul R. Verkuil Feb 1989

Separation Of Powers, The Rule Of Law And The Idea Of Independence, Paul R. Verkuil

William & Mary Law Review

No abstract provided.


A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel Feb 1989

A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel

William & Mary Law Review

No abstract provided.