Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (6)
- Courts (4)
- President/Executive Department (4)
- Supreme Court of the United States (2)
- Administrative Law (1)
-
- Criminal Procedure (1)
- First Amendment (1)
- Intellectual Property Law (1)
- International Law (1)
- Judges (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Law and Politics (1)
- Law and Society (1)
- Legal History (1)
- Legal Remedies (1)
- Legislation (1)
- Medical Jurisprudence (1)
- Military, War, and Peace (1)
- National Security Law (1)
- State and Local Government Law (1)
Articles 1 - 14 of 14
Full-Text Articles in Law
Youngstown Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros
Youngstown Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros
West Virginia Law Review
No abstract provided.
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Pepperdine Law Review
No abstract provided.
The Separation Of Powers Doctrine: Straining Out Gnats, Swallowing Camels?, James M. Mcgoldrick Jr.
The Separation Of Powers Doctrine: Straining Out Gnats, Swallowing Camels?, James M. Mcgoldrick Jr.
Pepperdine Law Review
No abstract provided.
Separation Of Powers: Interpretation Outside The Courts , Louis Fisher
Separation Of Powers: Interpretation Outside The Courts , Louis Fisher
Pepperdine Law Review
No abstract provided.
Blackmun (And Scalia) At The Bat: The Court's Separation-Of-Powers Strike Out In Freytag, Tuan Samahon
Blackmun (And Scalia) At The Bat: The Court's Separation-Of-Powers Strike Out In Freytag, Tuan Samahon
Nevada Law Journal
No abstract provided.
Foreign Affairs Federalism And The Limits On Executive Power, Zachary D. Clopton
Foreign Affairs Federalism And The Limits On Executive Power, Zachary D. Clopton
Michigan Law Review First Impressions
On February 23 of this year, the Ninth Circuit Court of Appeals invalidated a California statute permitting victims of the Armenian genocide to file insurance claims, finding that the state's use of the label "Genocide" intruded on the federal government's conduct of foreign affairs. This decision, Movsesian v. Versicherung AG, addresses foreign affairs federalism—the division of authority between the states and the federal government. Just one month later, the Supreme Court weighed in on another foreign affairs issue: the separation of foreign relations powers within the federal government. In Zivotofsky v. Clinton, the Supreme Court ordered the lower courts to …
Two Books, Ten Days, Nancy Bellhouse May
Two Books, Ten Days, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
Lebron V. Gottlieb And Noneconomic Damages For Medical Malpractice Liability: Closing The Door On Caps, But Opening It To New Possibilities, Jacquelyn M. Hill
Lebron V. Gottlieb And Noneconomic Damages For Medical Malpractice Liability: Closing The Door On Caps, But Opening It To New Possibilities, Jacquelyn M. Hill
Chicago-Kent Law Review
In Lebron v. Gottlieb, decided in February of 2010, the Illinois Supreme Court struck down Public Act 94-677, finding that its cap on noneconomic damages violated the Illinois Constitution's separation of powers clause. The Court primarily relied upon the remittitur doctrine to come to its conclusion. This case comment addresses the Lebron decision and its rationale, particularly its focus on the remittitur doctrine. Additionally, this comment addresses the following concepts: 1) the background and history of attempts to limit common law liability in tort law in Illinois; 2) other jurisdictions' responses to statutory caps; 3) the Lebron majority's distinctions regarding …
Congress Giveth, And The Courts Taketh Away: Is Restitutionary Recoupment Of Federal Funds A Proper Remedy When Taxpayers Allege That An Expired Statute Violated The Establishment Clause?, Kendra Williams
Pepperdine Law Review
The Seventh Circuit recently held in Laskowski v. Spellings that grantees of government funding can be forced by taxpayers to give grant money back to the federal government when the grant has allegedly violated the Establishment Clause - even when the grant statute expired years ago, the funds have long since been spent, and the government does not want the money back. Laskowski's new remedy has the potential for widely impacting Establishment Clause jurisprudence, especially in the areas of government funding for sectarian schools and other religiously-affiliated groups. The ready availability of a recoupment remedy could also have far-reaching and …
What Federalism & Why? Science Versus Doctrine, Stephen E. Gottlieb
What Federalism & Why? Science Versus Doctrine, Stephen E. Gottlieb
Pepperdine Law Review
The Constitution does not use the words federal or federalism. It gives Congress a set of powers and prohibits the national government, the states or both from doing some things. The Court has inferred principles of federalism from those provisions. The political science community has treated the advantages of federalism as contingent on whether federalism deepens or diffuses conflict or opens competition for power. The United States Supreme Court's approach does neither; it has been trying to clarify and police a very different boundary. Even on its own terms, however, the Court's justifications do not work - a problem made …
Congress's Power To Regulate The Federal Judiciary: What The First Congress And The First Federal Courts Can Teach Today's Congress And Courts , Paul Taylor
Pepperdine Law Review
No abstract provided.
Beyond The Executive Agreement: The Foreign Policy Preference Under Movsesian And The Return Of The Dormant Foreign Affairs Power In Norton Simon, Amir M. Tikriti
Beyond The Executive Agreement: The Foreign Policy Preference Under Movsesian And The Return Of The Dormant Foreign Affairs Power In Norton Simon, Amir M. Tikriti
Pepperdine Law Review
No abstract provided.
The Auditor For The Auditors' Auditor: Accounting For The Unitary Executive In Free Enterprise Fund V. Public Company Accounting Oversight Board, Kelsey Elizabeth Stapler
The Auditor For The Auditors' Auditor: Accounting For The Unitary Executive In Free Enterprise Fund V. Public Company Accounting Oversight Board, Kelsey Elizabeth Stapler
Pepperdine Law Review
No abstract provided.
Patents 101: Patentable Subject Matter And Separation Of Powers, Max S. Oppenheimer
Patents 101: Patentable Subject Matter And Separation Of Powers, Max S. Oppenheimer
Vanderbilt Journal of Entertainment & Technology Law
The definition of statutory subject matter lies at the heart of the patent system. It is the reflection of Congress's policy decision as to what types of inventions one may patent. While the congressional definition of statutory subject matter (in what is now 35 U.S.C. § 101) has remained fundamentally constant since 1790, the Supreme Court has reinterpreted and redefined statutory subject matter several times, leaving lower courts with the frustrating task of trying to develop a coherent jurisprudence against a changing landscape. This inconstancy has introduced uncertainty for inventors who are trying to make the fundamental decision of whether …