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Articles 1 - 7 of 7
Full-Text Articles in Law
Atomic Bomb Testing And The Warner Amendment: A Violation Of The Separation Of Powers, William A. Fletcher
Atomic Bomb Testing And The Warner Amendment: A Violation Of The Separation Of Powers, William A. Fletcher
Washington Law Review
Hundreds of thousands of American soldiers and civilians were exposed to radiation during atmospheric tests of atomic bombs between 1946 and 1963. An undetermined number of them are now ill or dead from diseases traceable to that exposure. In the early 1980s, some of the soldiers and civilians, or their survivors, brought damage suits against the private contractors that had helped the United States government carry out the tests. In 1984, Congress interfered with the judicial process by passing the Warner Amendment, which retroactively provided sovereign immunity to the contractors and required dismissal of the suits. Professor Fletcher shows that …
Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Institutions, Michael A. Fitts
Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Institutions, Michael A. Fitts
Michigan Law Review
In Parts I and II, I shall summarize the law-and-economics and civic virtue perspectives on the value of political information and their proposals for reforms in the political process that would stimulate greater political information. These two literatures are often viewed as distinct in their objectives: one seeking to improve means/ends rationality; the other seeking to improve goal formation - a function that I loosely describe as normative, ethical, or value-based. Nevertheless, they share some common practical approaches where information is concerned. In Part Ill, I shall discuss the instrumental advantages to limiting political information, focusing particularly on the role …
A Proposed Check On The Charging Discretion Of Wisconsin Prosecutors, Wayne A. Logan
A Proposed Check On The Charging Discretion Of Wisconsin Prosecutors, Wayne A. Logan
Scholarly Publications
With the emergence of the increasingly vocal victims' rights movement and a more general punitive emphasis in criminal justice, the issue of prosecutorial discretion in the decision of whether to charge a suspect with a crime has assumed paramount importance. In two recent cases the Wisconsin Supreme Court addressed the fundamental question of whether it is the responsibility of the local prosecutor or the court to charge a suspect with a crime. This Comment examines these two cases, Unnamed Petitioners v. Connors, decided in 1987, and State v. Unnamed Defendant, decided in 1989. The Comment concludes that the charging mechanism …
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
Articles
The thesis of this Essay is that our use of history is as essential and unavoidable as conclusive answers are irretrievable. Irretrievability exists whether the historical reality sought results from a survey of traditional historical materials in an effort to recapture original understanding, or from a common-law effort to discover the Court's own history of an issue. In either case, however, the need to attempt to recover historical truths is perceived as essential. I subscribe, for the most part, to the contextualist premise that we cannot recover sufficient historical data on issues that matter to make history determinate in the …
Book Review, Richard B. Collins
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Publications
No abstract provided.
Altered States: A Comparison Of Separation Of Powers In The United States And In The United Kingdom, James G. Wilson
Altered States: A Comparison Of Separation Of Powers In The United States And In The United Kingdom, James G. Wilson
Law Faculty Articles and Essays
This Article initially will compare the United States Constitution and the British constitution both to evaluate Young, Morrison, and Misretta, and to develop a sounder approach to all structural issues. Comparative constitutional law provides some of the "experience" needed to decide abstract structural cases. Predicting the reverberations of a proposed change within a system will be easier if one has studied how similar alterations have affected similar organizations. The British constitution is particularly germane because it was a model for the American Constitution. The two countries have a shared legal tradition and frequently generate similar positive law. The British constitution …