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Articles 211 - 229 of 229
Full-Text Articles in Law
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank
Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank
Faculty Articles and Other Publications
It is difficult to determine whether due process requires individualized sentencing because sentencing goals and practices have varied greatly during the course of this nation's history. A court applying Judge Bork's original intent doctrine of constitutional interpretation would probably reach a result different from that reached by a court employing a more liberal view of due process protections.1o It is likely that liberals and conservatives on the current Supreme Court would disagree on whether the Guidelines violate due process.
This article argues that the Guidelines can be saved and can satisfy due process requirements if the Supreme Court interprets the …
The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel
The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel
Publications
No abstract provided.
Bowsher V. Synar, Lewis F. Powell Jr.
Bring Back The Legislative Veto: A Proposal For A Constitutional Amendment, Rodney A. Smolla
Bring Back The Legislative Veto: A Proposal For A Constitutional Amendment, Rodney A. Smolla
Scholarly Articles
None available.
Judicial Review And The President's Statutory Powers, Harold H. Bruff
Judicial Review And The President's Statutory Powers, Harold H. Bruff
Publications
No abstract provided.
A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel
A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel
Publications
No abstract provided.
Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter
Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Log-Rolling And Judicial Review, Michael J. Waggoner
Log-Rolling And Judicial Review, Michael J. Waggoner
Publications
No abstract provided.
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Publications
No abstract provided.
Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn
Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn
Publications
Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …
Nixon V. Administrator Of General Services, Lewis F. Powell Jr.
Nixon V. Administrator Of General Services, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Constitutional Limits On The Decisional Powers Of Courts And Administrative Agencies In Maryland, Edward A. Tomlinson
Constitutional Limits On The Decisional Powers Of Courts And Administrative Agencies In Maryland, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
Judicial Review: Its Influence Abroad, Donald P. Kommers
Judicial Review: Its Influence Abroad, Donald P. Kommers
Journal Articles
The doctrine of judicial review, having been nourished in a legal culture and socio-political environment favorable to its growth, is America’s most distinctive contribution to constitutional government. Judicial review as historically practiced in the United States was duly recorded abroad, with varying degrees of influence and acceptability. During the nineteenth and early twentieth centuries, the influence of judicial review was most conspicuous in Latin America, where it was adopted as an articulate principle of numerous national constitutions, while most European nations consciously rejected it as incompatible with the prevailing theory of separation of powers. Germany, Austria, and Switzerland, although marginally …
President Nixon: Toughing It Out With The Law, William W. Van Alstyne
President Nixon: Toughing It Out With The Law, William W. Van Alstyne
Faculty Scholarship
This paper examines President Nixon's handling of the Watergate scandal, arguing that Nixon's stance of "toughing it out with the law" was a common ploy used during his administration to extend the breadth of the issue in question. This expansion deflected attention away from the issue of the Constitutional limits on a president's power and was used to justify a broad spectrum of powers Nixon exercised during his presidency.
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Separation Of Powers In The Australian Constitution, John M. Finnis
Separation Of Powers In The Australian Constitution, John M. Finnis
Journal Articles
Even those who regret it accept that the founders of the Australian Constitution "beyond question" intended the separation of powers now required by the Boilermakers' Case . This article seeks first to show that the arguments advanced to prove the alleged intention are no more probative -than the draftsman's literary arrangement which has prompted the accepted view of constitutional history; and second, to discuss the proper strategy of approach to the historical record on these matters.
Compulsory Disclosure And The First Amendment - The Scope Of Judicial Review, Robert B. Kent
Compulsory Disclosure And The First Amendment - The Scope Of Judicial Review, Robert B. Kent
Cornell Law Faculty Publications
Involvement of the Supreme Court of the United States with highly charged public issues understandably occasions fresh debate concerning the proper role of the Court in determining questions of ultimate governmental power, in short, debate over the doctrine of judicial review.
As it is sometimes difficult for the judge to distinguish between what is unconstitutional and what is merely unwise, so it is difficult for the critic to disassociate his reaction to the results reached in a given case from his evaluation of the competence of the particular judicial performance. For some the failure to draw such a line robs …
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.