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Full-Text Articles in Law
Toil And Trouble: How The Erie Doctrine Became Structurally Incoherent (And How Congress Can Fix It), Alan M. Trammell
Toil And Trouble: How The Erie Doctrine Became Structurally Incoherent (And How Congress Can Fix It), Alan M. Trammell
Fordham Law Review
The Erie doctrine is still a minefield. It has long been a source of frustration for scholars and students, and recent case law has exacerbated the troubles. Although other scholars have noted and criticized these developments, this Article explores a deeper systemic problem that remains undeveloped in the literature. In its present form, the Erie doctrine fails to protect any coherent vision of the structural interests that supposedly are at its core—federalism, separation of powers, and equality.
This Article argues that Congress has the power to fix nearly all of these problems. Accordingly, it proposes a novel statute to revamp …
Rebuilding The Safety Mechanism: Does 18 U.S.C. § 3553(E) Violate The Separation Of Powers, Michael Buescher
Rebuilding The Safety Mechanism: Does 18 U.S.C. § 3553(E) Violate The Separation Of Powers, Michael Buescher
Fordham Law Review
This Note examines the government motion requirement of 18 U.S.C. § 3553(e) and section 5K1.1 of the Federal Sentencing Guidelines from a separation of powers perspective. The issues discussed include whether requiring authorization from the prosecutor before a sentencing judge can consider a defendant's cooperation when determining whether to grant a downward departure below a mandatory minimum sentence violates separation of powers. Building on the concerns of past commentators and recognizing that the Federal Sentencing Guidelines are likely here to stay, this Note proposes that, in order to protect the perception of integrity in the criminal justice system, Congress should …
The State Secrets Privilege And Separation Of Powers, Amanda Frost
The State Secrets Privilege And Separation Of Powers, Amanda Frost
Fordham Law Review
No abstract provided.
Tenth Amendment Challenges To The Surface Mining Control And Reclamation Act Of 1977: The Implications Of National League Of Cities On Indirect Regulation Of The States, Lawrence H. Kaplan
Tenth Amendment Challenges To The Surface Mining Control And Reclamation Act Of 1977: The Implications Of National League Of Cities On Indirect Regulation Of The States, Lawrence H. Kaplan
Fordham Law Review
No abstract provided.
The Pardoning Power Of The Chief Executive
The Federal Administrative Court Proposal: An Examination Of General Principals, John D. O'Reilly, Jr.
The Federal Administrative Court Proposal: An Examination Of General Principals, John D. O'Reilly, Jr.
Fordham Law Review
No abstract provided.