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Full-Text Articles in Law

The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis Dec 1997

The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis

University of Michigan Journal of Law Reform

The President's constitutional duty to 'take Care that the Laws be faithfully executed" implies that the President is entrusted with the responsibility to defend those laws against court challenges. On occasion, however, Presidents faced with legislation that they deem unconstitutional have declined to defend that legislation against legal challenges. On February 10, 1996, President Clinton declined to defend a provision included in the National Defense Authorization Act for Fiscal Year 1996 that required discharge from the military of all HIV-positive servicemembers because he believed that the provision violated the Equal Protection Clause of the Fourteenth Amendment. This Note explores whether …


Separation Of Powers, State Constitutions & The Attorney General: Who Represents The State, Patrick C. Mcginley Jun 1997

Separation Of Powers, State Constitutions & The Attorney General: Who Represents The State, Patrick C. Mcginley

West Virginia Law Review

No abstract provided.


Cadenced Power: The Kinetic Constitution, Laura S. Fitzgerald Feb 1997

Cadenced Power: The Kinetic Constitution, Laura S. Fitzgerald

Duke Law Journal

No abstract provided.


The Foibles Of Formalism: Applying A Political "Transaction Cost Analysis" To Separation Of Powers, Michael A. Fitts Jan 1997

The Foibles Of Formalism: Applying A Political "Transaction Cost Analysis" To Separation Of Powers, Michael A. Fitts

Case Western Reserve Law Review

No abstract provided.


President V. Congress: What The Two-Party Duopoly Has Done To The American Separation Of Powers, Theodore J. Lowi Jan 1997

President V. Congress: What The Two-Party Duopoly Has Done To The American Separation Of Powers, Theodore J. Lowi

Case Western Reserve Law Review

No abstract provided.


Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney Jan 1997

Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney

Touro Law Review

No abstract provided.


Peanut Butter And Politics: An Evaluation Of The Separation-Of-Powers Issues In Section 802 Of The Prison Litigation Reform Act, Jennifer A. Puplava Jan 1997

Peanut Butter And Politics: An Evaluation Of The Separation-Of-Powers Issues In Section 802 Of The Prison Litigation Reform Act, Jennifer A. Puplava

Indiana Law Journal

No abstract provided.