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Articles 1 - 21 of 21
Full-Text Articles in Law
Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown
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
William & Mary Bill of Rights Journal
No abstract provided.
The Rhetoric Of Constitutional Absolutism, Eric Berger
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
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
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
William & Mary Law Review
No abstract provided.
Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii
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
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
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
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
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
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
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
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
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
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
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
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
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
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
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
William & Mary Law Review
No abstract provided.