Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (27)
- Public Law and Legal Theory (23)
- Constitutional Law (21)
- International Law (20)
- Comparative and Foreign Law (17)
-
- Economics (17)
- Legislation (17)
- Social and Behavioral Sciences (17)
- Law and Economics (15)
- Human Rights Law (13)
- Courts (12)
- Civil Rights and Discrimination (11)
- Administrative Law (10)
- Commercial Law (10)
- Judges (10)
- Jurisprudence (10)
- State and Local Government Law (10)
- Business Organizations Law (8)
- Criminal Law (8)
- Legal History (8)
- Criminal Procedure (7)
- Government Contracts (7)
- International Trade Law (7)
- Antitrust and Trade Regulation (6)
- Consumer Protection Law (6)
- Contracts (6)
- Health Law and Policy (6)
- Internet Law (6)
Articles 61 - 63 of 63
Full-Text Articles in Law
Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions, Michael Kent Curtis
Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions, Michael Kent Curtis
ExpressO
Some invoke the legacy of Abraham Lincoln to justify largely unchecked executive power which in times of war trumps constitutional limits and guarantees of liberty. This article suggests that the Lincoln model is a poor one to follow: because some of his actions were inconsitent with democratic government, because the administration invoked the doctrine of necessity when many of the cabinet thought no necessity existed, and because in the end, Lincoln himself refused to follow his logic to its inevitable conclusion. It critiques two article by Michael Paulsen invoking Lincoln to justify largely unchecked executive power.
On The Legal Construction Of Ethnic Cleansing, Timothy V. Waters
On The Legal Construction Of Ethnic Cleansing, Timothy V. Waters
ExpressO
On the Legal Construction of Ethnic Cleansing
Timothy William Waters, Univ. Mississippi School of Law
Abstract
What is the true shape of our commitment to prohibit ethnic cleansing? This Article explores that question by considering a case observers have universally decided does not constitute ethnic cleansing. It examines the recent controversy in the European Union, when Sudeten Germans demanded that the Czech Republic apologize for having expelled them after WWII before being admitted to the EU. Their demands were universally rejected and the legality of the expulsions was reconfirmed by all relevant actors. So what is the consequence for customary …
Legislation And Legitimation: Congress And Insider Trading In The 1980s, Thomas W. Joo
Legislation And Legitimation: Congress And Insider Trading In The 1980s, Thomas W. Joo
ExpressO
Legislation and Legitimation:
Congress and Insider Trading in the 1980s
Abstract
Orthodox corporate law-and-economics holds that American corporate and securities regulation has evolved inexorably toward economic efficiency. That position is difficult to square with the fact that regulation is the product of government actors and institutions. Indeed, the rational behavior assumptions of law-and-economics suggest that those actors and institutions would tend to place their own self-interest ahead of economic efficiency. This article provides anecdotal evidence of such self-interest at work. Based on an analysis of legislative history—primarily Congressional hearings—this article argues that Congress had little interest in the economic policy …