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Full-Text Articles in Law

My Turn: 'We The People' And The Garland Nomination, John M. Greabe Sep 2016

My Turn: 'We The People' And The Garland Nomination, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Because I teach constitutional law, a friend recently asked me whether Judge Merrick Garland or President Obama might successfully sue to compel the Senate to take action on the nomination of Judge Garland to fill the vacancy on the United States Supreme Court.

Almost certainly not, I told him. Under settled precedent, a judge would dismiss such a case as raising a non-legal ''political" question. It would be very difficult to develop acceptable decisional standards for such a claim. Moreover, courts are reluctant to entertain lawsuits challenging mechanisms that the Senate uses to oversee the judiciary."


State Constitutional Limits On New Hampshire‘S Taxing Power: Historical Development And Modern State, Marcus Hurn Jun 2009

State Constitutional Limits On New Hampshire‘S Taxing Power: Historical Development And Modern State, Marcus Hurn

Law Faculty Scholarship

The New Hampshire Constitution is, in most of its fundamental parts, very old. It is long (nearly 200 articles) and wordy, even by the standards of the eighteenth century. It expresses essential principles in more than one place, in more than one way, and in language that to modem eyes is more suited to political philosophy than to positive law. Most of it was copied from the original Massachusetts Constitution, itself based on a draft by John Adams. However, there is no other state in the union with a structure of taxing powers and limits comparable to New Hampshire's.


River Rats, Megan M. Carpenter Jan 2008

River Rats, Megan M. Carpenter

Law Faculty Scholarship

[Excerpt] "At their essence, river rats are aquatic rodents. They live in, on, and near the water and depend upon it for their livelihood. My family is, and have always been, river rats.

My mother's family grew up on the west bank of the Tygart River in north central West Virginia. My great grandparents used this land as a summer camp: a place to ride horses named Honey and Chief; a place to host parties; a place to plant flower bulbs from Holland. My grandfather spent most of his childhood working the land for his parents. While his older brother …