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Articles 1 - 8 of 8
Full-Text Articles in Law
The Imperial Sovereign: Sovereign Immunity & The Ada, Judith Olans Brown, Wendy E. Parmet
The Imperial Sovereign: Sovereign Immunity & The Ada, Judith Olans Brown, Wendy E. Parmet
University of Michigan Journal of Law Reform
Professors Brown and Parmet examine the impact of the Supreme Court's resurrection of state sovereign immunity on the rights of individuals protected by the Americans with Disabilities Act in light of the recent decision, Board of Trustees of the University of Alabama v. Garrett. Placing Garrett within the context of the Rehnquist Court's evolving reallocation of state and federal authority, they argue that the Court has relied upon a mythic and dangerous notion of sovereignty that is foreign to the Framers' understanding. Brown and Parmet go on to show that, by determining that federalism compels constraining congressional power to …
Presidential Management Of The Administrative State: The Not-So-Unitary Executive, Robert V. Percival
Presidential Management Of The Administrative State: The Not-So-Unitary Executive, Robert V. Percival
Duke Law Journal
No abstract provided.
The "Enabling Law": The Demise Of The Separation Of Powers In Hugo Chavez's Venezuela, Mario J. Garcia-Sierra
The "Enabling Law": The Demise Of The Separation Of Powers In Hugo Chavez's Venezuela, Mario J. Garcia-Sierra
University of Miami Inter-American Law Review
No abstract provided.
Publicity And The Judicial Power, Daniel N. Hoffman
Publicity And The Judicial Power, Daniel N. Hoffman
The Journal of Appellate Practice and Process
The judicial branch was created in order to ensure that the rule of law and not the rule of man prevailed. Judges must use reasoning and analysis to fulfill this role. Making decisions based on mere coin tosses or without giving a reason for the decision detracts from the rule of law. Issuing decisions that cannot be published or cited also detracts the judicial role of ensuring that law rules the land.
Judging In The Days Of The Early Republic: A Critique Of Judge Richard Arnold's Use Of History In Anastasoff V. United States, R. Ben Brown
Judging In The Days Of The Early Republic: A Critique Of Judge Richard Arnold's Use Of History In Anastasoff V. United States, R. Ben Brown
The Journal of Appellate Practice and Process
Judge Arnold writes in his opinion that courts have the power to interpret or find the law but not create it. He argues that this practice was well established during colonial times and that it was adopted at the nation’s creation. The source of law during the formation of the United States is not as clear as Judge Arnold claims. Courts applied their roles differently in each jurisdiction. The complex history of the appropriate role of the judiciary contradicts Judge Arnold’s claim.
Are Congressional Committees Constitutional ?: Radical Textualism, Separation Of Powers, And The Enactment Process, John C. Roberts
Are Congressional Committees Constitutional ?: Radical Textualism, Separation Of Powers, And The Enactment Process, John C. Roberts
Case Western Reserve Law Review
No abstract provided.
Foreign Affairs Federalism And The Separation Of Powers, John C. Yoo
Foreign Affairs Federalism And The Separation Of Powers, John C. Yoo
Villanova Law Review
No abstract provided.
Structural Principles And Presidential Succession, Howard M. Wasserman
Structural Principles And Presidential Succession, Howard M. Wasserman
Kentucky Law Journal
No abstract provided.