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Articles 1 - 11 of 11
Full-Text Articles in Law
"Let Congress Do It": The Case For An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
"Let Congress Do It": The Case For An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
Michigan Law Review
The sporadic way that various members of the Supreme Court and the legal community treat the principle of stare decisis is increasingly striking. At times, the rule of stare decisis appears to be trotted out in defense of decisions that were actually reached on quite independent grounds. At other times, the dictates of the rule appear to be casually ignored when other factors call for the overruling of a precedent. It is tempting, therefore, to dismiss the rule of stare decisis as a mere rhetorical device, much like the question of whether a Supreme Court nominee's judicial philosophy is an …
Separation Of Powers And The Independent Governmental Entity After Mistretta V. United States, Mary Buffington
Separation Of Powers And The Independent Governmental Entity After Mistretta V. United States, Mary Buffington
Louisiana Law Review
No abstract provided.
Foreign Policy And The Separation Of Powers: Who Sets The Course For The Ship Of State, Robert A. Friedlander
Foreign Policy And The Separation Of Powers: Who Sets The Course For The Ship Of State, Robert A. Friedlander
Cornell International Law Journal
No abstract provided.
Symposium: Judicial Refusal To Exercise Congressional Grants Of Jurisdiction And Separation Of Powers, J. Timothy Mc Donald
Symposium: Judicial Refusal To Exercise Congressional Grants Of Jurisdiction And Separation Of Powers, J. Timothy Mc Donald
Case Western Reserve Law Review
No abstract provided.
Equitable Discretion To Dismiss Congressional-Plaintiff Suits: A Reassessment, Sophia C. Goodman
Equitable Discretion To Dismiss Congressional-Plaintiff Suits: A Reassessment, Sophia C. Goodman
Case Western Reserve Law Review
No abstract provided.
The Yonkers Case: Separation Of Powers As A Yardstick For Determining Official Immunity, Amy Walsh
The Yonkers Case: Separation Of Powers As A Yardstick For Determining Official Immunity, Amy Walsh
Fordham Urban Law Journal
The author examines the application of the official immunity doctrine to a situation where a federal district court issued contempt citations to local legislators in Yonkers who refused to pass legislation as required by a consent decree. The author argues that the function test for official immunity is by its very nature conclusory, and thus courts, in close cases, should use a separation of powers analysis to inform their application of the function test. Courts should deploy this separation of powers analysis by finding that where an official act was based on a mixture of powers, a rebuttable presumption should …
Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo
Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo
Michigan Journal of International Law
This Note examines the rationales behind Filartiga and other cases which have had the opportunity to pass upon its holding, notably the holdings in Tel-Oren v. Libyan Arab Republic and Forti v. Suarez- Mason. It then focuses on the validity of these rationales with respect to the constitutional separation of powers scheme. In so doing, it analyzes Filartiga's conclusions in light of the act of state and political question doctrines, two closely interrelated doctrines which have been at the forefront of the separation of powers criticisms of Filartiga. This Note concludes by suggesting that a clear case exists …
Essential Elements Of Reform Of The War Powers Resolution, Mark L. Krotoski
Essential Elements Of Reform Of The War Powers Resolution, Mark L. Krotoski
Santa Clara Law Review
No abstract provided.
Separation Of Powers After The Independent Counsel Decision, George J. Alexander
Separation Of Powers After The Independent Counsel Decision, George J. Alexander
Santa Clara Law Review
No abstract provided.
Separation Of Powers: A New Look At The Functionalist Approach, Suzanne Prieur Clair
Separation Of Powers: A New Look At The Functionalist Approach, Suzanne Prieur Clair
Case Western Reserve Law Review
No abstract provided.
History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid
History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid
Campbell Law Review
Why have there been such wide divergences in the cases involving executive power to remove? This Article attempts a partial answer to that puzzle.