Law Commons^™

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Review Of The Singapore Companies Act: Consultation On Draft Legislative Changes To Companies Act, Wai Yee Wan

Wai Yee WAN

In October 2013, MOF and ACRA sought further public consultation (“Second Consultation”) on the second part of the Draft Companies (Amendment) Bill 2013 that covers legislative amendments relating to foreign companies and other aspects of the Companies Act, including those relating to enhancing the powers of the Registrar of Companies to strike off companies and to share buyback limits. This note discusses some of the more controversial, as well as the significant, changes that are proposed in the Second Consultation.

State Constitutions And The Basic Structure Doctrine, Manoj Mate

Manoj S. Mate

Respecting Democratic Constitutional Change, Craig M. Scott

Craig M. Scott

Founding-Era Conventions And The Meaning Of The Constitution’S “Convention For Proposing Amendments”, Robert G. Natelson

Robert G. Natelson

Under Article V of the U.S. Constitution, two thirds of state legislatures may require Congress to call a “Convention for proposing Amendments.” Because this procedure has never been used, commentators frequently debate the composition of the convention and the rules governing the application and convention process. However, the debate has proceeded almost entirely without knowledge of the many multi-colony and multi-state conventions held during the eighteenth century, of which the Constitutional Convention was only one. These conventions were governed by universally-accepted convention practices and protocols. This Article surveys those conventions and shows how their practices and protocols shaped the meaning …

Proposed Amendment Xxviii, Dean A. Cantalupo Esq.

Dean A Cantalupo Esq.

We the People must demand change, Please consider the substantial structural change provided within the following proposed Amendment to the Constitution: Proposed Article of Amendment XXVIII. Section 1. We the People, do recognize and declare that the advances in communications and technology have progressed and have been successfully implemented, so that a separate national legislature of Senators and Members of the House of Representatives of the national government is no longer required and no longer desired by the People, who desire to have ever more accessible and more accountable legislators and representatives of this Federal Republic located within their own …

Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

The Vitality Of The American Sovereign, Todd E. Pettys

Todd E. Pettys

In this book review, I examine Christian Fritz's "American Sovereigns: The People and America's Constitutional Tradition Before the Civil War." I dispute Fritz's claim that Americans today have essentially ceded their sovereign prerogatives to government officials. Contrary to Fritz's suggestion, ordinary Americans do still sometimes intervene directly in day-to-day governmental affairs in ways that are unauthorized by their elected leaders, and they do alter their constitutional landscape by means other than those formally authorized by Article V. Americans have determined that their long-term interests are often best served by manifesting their sovereign desires through extended interactions with government officials and …

Keeping Incest In The Family, David Field

David Field

In its recent decision in R v Rose (2009) 227 FLR 433 [2009] QCA 83227 FLR 433 [2009] QCA 83, the Queensland Court of Appeal held that it did not constitute the crime of "incest" for a man to have consensual intercourse with the 17-year-old daughter of his former de facto because, in terms of s 222(8) of the Queensland Criminal Code , the two were "entitled to be married". The author argues that this decision has unfortunate implications, for future "victims" of such crimes, for the normally understood distinction between a "right" and a "freedom", and for the consistency …

Will The Supreme Court Send The Vra's Biggest Sunset Provision Into The Sunset?: Northwest Austin Municipal Utility District Number One And The 2006 Reauthorization Of Section Five Of The Voting Rights Act, Cameron W. Eubanks

Cameron W Eubanks

The D.C. Circuit correctly decided Northwest Austin Municipal Utility District Number One v. Mukasey. The court subjected the 2006 reauthorization of § 5 of the Voting Rights Act to the rational and appropriate test announced in South Carolina v. Katzenbach. Under this test the court found that Congress had a rational basis to extend § 5 based on evidence of continued racial discrimination in voting. On review, the Supreme Court will uphold the § 5 reauthorization in spite of the congruent and proportional test announced in City of Boerne v. Flores which is used to review enactments passed pursuant to …

James Madison And The Constitution's “Convention For Proposing Amendments", Robert G. Natelson

Robert G. Natelson

This article traces the progress of James Madison's thought on the Constitution's "convention for proposing amendments as a way for states to assert themselves against the federal government. Madison saw the convention as an important part of the Constitution, and a constitutional alternative to nullification.